ILNews

Court reaffirms 3-step test for in camera review

Back to TopE-mailPrintBookmark and Share

The Indiana Court of Appeals doesn’t believe that its previous ruling regarding the in camera review of an organization’s documents relating to alleged molestation victims sends the message that it’s “open season” on the records of victim services providers.

On rehearing in Subpoena to Crisis Connection, Inc., State of Indiana v. Ronald Keith Fromme, No.19A05-0910-CR-602, Crisis Connection Inc., a nonprofit that provides services for domestic violence and sexual assault victims, challenged the appellate court’s July 15 decision affirming an order for an in camera review of documents from the nonprofit relating to alleged molestation victims of Ronald Keith Fromme. The issue was a matter of first impression that came before the court on interlocutory appeal.

The organization claimed the opinion didn’t require defendants to make any threshold showing before obtaining an in camera review of confidential records and wanted the court to adopt the standard in People v. Stanaway, 521 N.W.2d 557 (Mich. 1994). But the judges did determine what standard criminal defendants should meet and used the three-step test that determines what information is discoverable in criminal cases: particularity, relevance, and if those are met, then the trial court must grant the request unless there is a showing of “paramount interest” in non-disclosure, wrote Judge Terry Crone.  

Crisis Connection also argued the appellate court improperly found it conceded that Fromme met the particularity and materiality criteria when it said “Crisis Connection has not disputed those findings.” Judge Crone wrote that the court didn’t find Crisis Connection affirmatively ceded this point, just that it didn’t present an argument as to the validity of the trial court’s findings.

“Therefore, our opinion provides little detail as to what sort of showing would suffice to meet the particularity and materiality criteria. Crisis Connection expresses concern that this lack of detail will send the message to attorneys and trial courts ‘that open season has been declared on the records of victim services providers,’” he wrote.

The Court of Appeals disagreed because the judges didn’t think the opinion sends the message that meeting the first two requirements will be an easy task in every case.

“[T]his case simply has not presented us with an occasion to expand upon those parts of the three-step test. Because discovery disputes are almost always fact-sensitive, we decline to elaborate beyond the enunciation of the appropriate standard to be applied,” he wrote.

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

ADVERTISEMENT