ILNews

Court reaffirms 3-step test for in camera review

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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.

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  1. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  2. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  3. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  4. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  5. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

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