ILNews

Justices take 3 cases

Back to TopCommentsE-mailPrintBookmark and Share


The Indiana Supreme Court has granted transfer to three cases, including one of first impression involving Indiana’s victim-advocate privilege.

In the case In Re Subpoena to Crisis Connection Inc., State of Indiana v. Ronald Keith Fromme, No. 19S05-1012-CR-678, the Indiana Court of Appeals explored the scope of Indiana’s victim-advocate privilege and declined to hold the privilege is absolute. The judges decided a three-step test should be applied to determine whether information is discoverable in a criminal case. They believed it provided a useful framework for balancing a victim’s privacy with a defendant’s constitutional rights.

Crisis Connection, a group that works with domestic violence and sexual assault victims, didn’t believe it should have to turn over records to the court for an in camera review in Ronald Keith Fromme’s criminal case. He was charged with felony child molesting and sought all records relating to his two alleged victims and their mothers.

The Court of Appeals upheld their decision on rehearing, holding that their earlier opinion allowing the in camera review of Crisis Connection’s documents doesn’t send the message that it’s “open season” on the records of victim services providers.

The justices took J.M. v. M.A., et al., No. 20S04-1012-CV-676, in which the Court of Appeals ordered the trial court to vacate its order adjudicating J.M. as the legal father of W.H. and ordering him to pay child support. Because the state conceded that J.M. isn’t W.H.’s biological father, the judges ordered the trial court to set aside the paternity affidavit.

The Supreme Court also accepted Joshua Konopasek v. State of Indiana, No. 25S03-1012-CR-669. The Court of Appeals affirmed Konopasek’s Class C felony conviction of battery causing serious bodily injury. The judges ruled that while evidence about his criminal record shouldn’t have been admitted, any error was harmless, and the state’s evidence was sufficient to prove battery and disprove Konopasek’s claim of self defense.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

ADVERTISEMENT