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. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.