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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. The voices of the prophets are more on blogs than subway walls these days, Dawn. Here is the voice of one calling out in the wilderness ... against a corrupted judiciary ... that remains corrupt a decade and a half later ... due to, so sadly, the acquiescence of good judges unwilling to shake the forest ... for fear that is not faith .. http://www.ogdenonpolitics.com/2013/09/prof-alan-dershowitz-on-indiana.html

  2. So I purchased a vehicle cash from the lot on West Washington in Feb 2017. Since then I found it the vehicle had been declared a total loss and had sat in a salvage yard due to fire. My title does not show any of that. I also have had to put thousands of dollars into repairs because it was not a solid vehicle like they stated. I need to find out how to contact the lawyers on this lawsuit.

  3. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  4. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  5. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

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