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. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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