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No error in sanctions against state

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A trial court didn't clearly err when it dismissed drunk driving charges against a defendant as sanctions for the state's discovery violations, the Indiana Court of Appeals concluded today.

In State of Indiana v. Lindsey D. Schmitt, No. 87A04-0903-CR-151, the state appealed Warrick Superior Judge Keith A. Meier's decision to dismiss the criminal misdemeanor charges of operating while intoxicated pending against Lindsey Schmitt. The state claimed it was an error to dismiss the charges as a sanction for a discovery violation absent a showing of deliberate misconduct or bad faith.

But the trial court did consider the state's failure to respond as bad faith to the request for production of the arresting officer's training regarding administration of traffic stops; when he attended the Indiana State Police Academy; certificates or other supporting documentation as to when the arresting officer was last trained in the administration of standardized field sobriety tests; and supporting documentation regarding what National Highway Transportation Safety Administration manual the arresting officer uses and was trained under. According to the record, at the Jan. 16, 2009, hearing on Schmitt's motion to compel, the judge said if the state doesn't respond appropriately, he'd consider it bad faith on the part of the state, wrote Judge Paul Mathias.

The state had until Jan. 23, 2009, to produce that information and failed. At a hearing in March 2009 on Schmitt's motion to dismiss the charges, the trial court judge stated he didn't want to dismiss the case, but after a mountain of paperwork and numerous motions, Schmitt still didn't have the information she requested. The judge couldn't figure out why it took the state so long to get this information and noted the state had just started to get it around the time of the March hearing. Judge Meier was frustrated at the situation and said it shouldn't have occurred.

Judge Mathias noted that the state and Judge Meier had a similar discovery dispute involving Schmitt's attorney in another case.

The state was less than diligent in complying with the Jan. 16, 2009, order, and even though it had been warned that noncompliance would be considered bad faith, the state still hadn't provided the requested documents to Schmitt on the date the trial court dismissed the charges, wrote Judge Mathias. The charges against Schmitt had been pending for nearly a year on the date they were dismissed. Based on these facts, the trial court didn't err in dismissing the charges, he wrote.

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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