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Justices decide statute, court rule issue

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Even if a court rule is no longer relevant and an underlying state statute has been removed from the books, the Indiana Supreme Court says it still applies and must be followed until the justices revisit it themselves or say otherwise.

In a decision issued Friday by the Indiana Supreme Court, justices explored the controversial issue of police wiretapping and prosecutorial warrants, and how state statute has evolved since the early 1990s. The case is State v. Michael Haldeman and Rachel Lawson, No. 55S00-0906-CR-266, and involves two consolidated appeals.

The case involves the police investigation of a drug tracking organization centered in Morgan County, an investigation that began in late 2007. Eventually, police had enough information to request "intercept warrants" that would allow them to put wiretaps on certain cell and residential phone lines. Morgan Superior Judge Jane Spencer Craney found probable cause for these warrants and granted them, which led to the eventual arrests of both Michael Haldeman and Rachel Lawson. They were arrested and charged in 2008 with one or more counts of conspiracy to deal methamphetamine, a Class B felony.

But in getting those underlying wiretapping warrants, prosecutors hadn't complied with Criminal Rule 25 that required an independent preliminary review by the Indiana Court of Appeals before the warrants could be acted on. The Indiana Supreme Court had established the rule in 1990, soon after the General Assembly enacted Indiana Code 35-33.5-3-3 requiring that kind of judicial review, but legislators repealed that statute in 2007 - before this case materialized. At the trial level, Morgan Superior Judge Christopher Burnham found that the state should have complied with Criminal Rule 25 despite the statute's repeal; he suppressed the wiretap-garnered evidence as a result.

The state argued that Criminal Rule 25 was created solely to "accompany and give support to a statute," and that the legislature's repeal of that statute vitiated the need for any procedures to implement the now-defunct requirement. In essence, the court rule no longer applies because the statute has been revoked. But the defense argued that Criminal Rule 25 remains in effect despite the repeal, particularly because appellate judges can provide a more "neutral and detached" review on such a difficult issue touching on citizens' privacy and civil liberties.

The case went up on appeal, but the state sought emergency transfer from the Supreme Court and justices heard arguments in September before granting transfer and issuing its decision today.

In writing for the court, Justice Brent Dickson found that Criminal Rule 25 clearly was intended to supply the procedural framework for automatic review detailed in the state statute. But even when that law's been repealed, it doesn't automatically invalidate or vitiate a criminal procedure rule established by the high court.

"Until amended or rescinded by this Court, the validity of Criminal Rule 25 and its procedural requirements remain in full force and effect," he wrote. "The policy arguments presented by the State and the defendants, while relevant to whether the Rule should be modified or repealed in the future do not affect its present validity."

Even though the state erred in not following Criminal Rule 25 in these cases, the justices said that doesn't mean Judge Burnham should have automatically suppressed the wiretapping warrants issued by his colleague. Instead, he should have determined whether the pair's "substantial rights" were affected before making that decision. Finding that neither party demonstrated their substantial rights were affected by the state's failure to follow Criminal Rule 25, the justices reversed the suppression.

All five justices agreed in the final decision, though Justice Robert Rucker concurred in result. The cases are remanded for further proceedings, with the wiretapping warrants not suppressed.

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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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