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Disagreements plague Camm case

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Indiana Lawyer Rehearing

Attorneys in the high-profile David Camm case in southern Indiana disagree about where to pull jurors from for a third murder trial and whether the original prosecutor can continue on the case.

The legal teams are preparing for yet another trial for Camm, a former state trooper convicted twice for the September 2000 murders of his wife and two children. The Indiana appellate courts have overturned his murder convictions both times; the first trial was in Floyd County and the second trial was moved to Warrick County.

In July, Special Judge Jon Dartt from Spencer Circuit Court decided not to change venue from Warrick County. But he agreed to have jurors from outside the county, and asked both sides to present lists of places from where they’d like potential jurors to be called. There is no common county that appears on both lists.

He hadn’t made a decision on that by Indiana Lawyer deadline. Both sides have agreed to allow most of the hearings in Judge Dartt’s courtroom in Spencer County.

That will likely include a scheduled Sept. 24 hearing on a motion for a special prosecutor to replace Floyd County Prosecutor Keith Henderson, who’s handled the case. The defense wants Henderson replaced because of an agreement he’d previously made about writing a book on the Camm murders, but he said the agreement was terminated when the Indiana Supreme Court overturned Camm’s second conviction last summer. The attorneys now disagree about whether a conflict of interest exists for him to prosecute the case.
 

Rehearing "Jurors from outside region to hear case" IL Aug. 18-31, 2010

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  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  4. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

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