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Justices rule on cases using 3-step test seeking records

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The Indiana Supreme Court tackled the issue of requests for production of information to private third parties in two opinions Thursday – one dealing with records sought that fall under the victim-advocate privilege and the other dealing with unprotected information.

Crisis Connection, Inc. v. Ronald K. Fromme, No. 19S05-1012-CR-678, and Lamar M. Crawford v. State of Indiana, No., 49S05-1106-CR-370, both involved the three-step test used to determine the discoverability of information in criminal cases – particularity, relevance or materiality, and paramount interest.

In Crisis Connection, Ronald Fromme sought the counseling records from nonprofit Crisis Connection of two girls and their mother for use in his defense against child molesting charges. Crisis Connection argued those records are protected under the state’s victim-advocate privilege. The trial court ordered the records delivered to the court for an in camera review. On interlocutory appeal, the Indiana Court of Appeals affirmed using the three-step test, holding that the privacy interest was important, but not strong enough to bar an in camera review of the records.

In Crawford, Lamar Crawford sought information recorded by Lucky Shift during the production of “The Shift,” a television show that followed Indianapolis Metropolitan Police homicide detectives. Crawford was accused of a murder that was the subject of a show that aired. The trial court ordered some information be disclosed for an in camera review, but denied three of Crawford’s requests because they weren’t particular enough. Using the three-step test, the Indiana Court of Appeals affirmed that those three requests weren’t sufficiently particular.

The justices found the COA erred in using the three-step test in Crisis Connection because the records Fromme sought are privileged information, and caselaw makes clear that the test only applies to discover nonprivileged information. The Indiana Legislature has expressly provided that the victim-advocate privilege applies in cases like this one to prohibit any disclosure, wrote Justice Frank Sullivan.

The high court went on to find that Fromme does not have a constitutional right to an in camera review of Crisis Connection’s records, frequently citing Pennsylvania v. Ritchie, 480 U.S. 39 (1987). Indiana courts do not extend Confrontation Clause rights to pretrial settings, so as long as the trial court does not improperly prevent Fromme from cross-examining the alleged victims at trial, his rights under the Confrontation Clause won’t be violated, wrote the justice.

The justices emphasized the importance of the promise of confidentiality between a provider and a patient. If patients knew their records could be subject to even an in camera review, confidential conversations would surely be chilled, wrote Justice Sullivan.

The Supreme Court reversed the trial court and remanded for further proceedings.

In Crawford, the three-step test does apply because the information Crawford seeks isn’t privileged. The justices focused on two requests denied by the trial court: Request #18 – Footage of any and all statements of officers, agents, or affiliates of Indianapolis Metropolitan Police Department or any reenactment thereof; and Request #19 – Footage of anyone interviewed or questioned, or any reenactment thereof, in connection with the investigation of the death of Gernell Jackson.

In each of the challenged requests, Crawford doesn’t state with reasonable particularity what footage or statements or interviews he seeks, he is just fishing for it, wrote Justice Sullivan. The justices couldn’t say that the trial court abused its discretion in quashing these discovery requests.
 

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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