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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after the General Assembly enacted Indiana Code 35-33.5-3-3 requiring that kind of judicial review, but legislators repealed that statute in 2007 - before this case materialized.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 In essence, the court rule no longer applies because the statute has been revoked.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. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  2. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  3. It's a capital offense...one for you Latin scholars..

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  5. The promise of "Not to Tell" is the biggest lie ever given to a Birth Mother. THERE WERE NEVER ANY PROMISES GIVEN TO ANY OF US. One of the lies used to entice us to give up our Babies. There were many tactics used to try to convince us that it was best for Mother and Baby to cut the cord at birth. They have no idea of the pain and heartache that was caused by their attitude. The only thing that mattered was how great and wonderful they appeared to the prospective parents and their community. I completed my search, but that didn't stop the pain, heartbreak and the tears of the last 62 Years. I keep track and do know that he is alive, well educated and a musician. That little knowledge in itself is a Godsend to me. I pray that other Mothers also know that much and more to help heal their pain and open wounds. open wounds.

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