ILNews

High court orders new murder trial

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The Indiana Supreme Court overturned a Fulton County man’s murder sentence because a detective continued with the interview even after the man invoked his right to counsel several times.

James Carr got into an argument with his friend and shot him in the face after his friend provoked him several times to do it. His friend died. Afterward, Carr drove to a bar and admitted to the bartender he killed the friend.

Carr claimed that he unequivocally and repeatedly invoked his right to counsel, so his statements made about the murder to the detective shouldn’t have been admitted into evidence. The state argued Carr’s requests for an attorney were ambiguous and if not, that any resulting error was harmless.

In James A. Carr v. State of Indiana, No. 25S04-1004-CR-219, the justices agreed with Carr, pointing out several times in the transcript of the police interview in which Carr said he wanted to speak to an attorney or have an attorney with him during questioning. The detective acknowledged that was his right, but continued on with the interview by steering the conversation back to the murder. They also found Carr’s answers to the detective’s questions weren’t a valid waiver of his right to counsel.

When Carr invoked his right to counsel, the detective should have ended the questioning immediately until his attorney was present.

“Instead, the detective's ongoing conversation initiated further custodial interrogation, and the defendant's subsequent disclosures were not a product of his own initiation of communication,” wrote Justice Brent Dickson.

In addition, the admittance of these statements into evidence was not a harmless error as they contained considerable details regarding Carr’s state of mind during the killing, which are details that weren’t provided by any other evidence. They reversed and remanded for a new trial.

The high court also addressed Carr’s appeal of his denial of motion for discharge for delay under Indiana Criminal Rule 4. He argued two of his continuance requests should have been properly attributed to the state.

“It has not been uncommon for lawyers and courts to address Rule 4 claims in part by considering whether delay should be 'chargeable to the State,' but the role of the State is an irrelevant consideration in the analysis,” wrote Justice Dickson. “The Rule does not call for any attribution of delay to the State but only for delay attributable to the defendant or insufficient time due to court congestion or emergency. Employing the rhetoric of 'delay chargeable to the State' should be avoided.”

In Carr’s case, both delays he argued were attributable to the state were actually attributable to him, so the trial court didn’t err in attributing the delays to him.
 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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