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Supreme Court orders third murder trial

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State justices have overturned the murder convictions and ordered a third trial for a former state trooper accused of killing his wife and two young children in Southern Indiana almost a decade ago.

In a 4-1 decision today in David R. Camm v. State of Indiana, No. 87S00-0612-CR-499, a majority of justices found two reversible errors by the Warrick Superior judge who handled the murder retrial in 2006, in that he allowed the prosecution to use speculative evidence and out-of-court statements in proving its case. But finding sufficient evidence to support the three murder convictions, the justices have ordered a new trial in the high-profile case dating back to 2000.

The case involves the shooting deaths of David Camm's wife and their two children, ages 5 and 7, in their Georgetown home. Camm was first charged and convicted of murder by a Floyd Circuit Court jury in 2002, but the state's intermediate appellate court in 2004 overturned those convictions on grounds that the case was prejudiced by prosecutorial evidence regarding Camm's character. On retrial, the case was transferred to Warrick Superior Court and Camm was convicted three years ago and sentenced to life in prison without parole.

In its decision today, justices determined that Warrick Superior Judge Robert Aylsworth shouldn't have allowed prosecutors to raise the prospect that Camm had molested his young daughter, since no evidence was presented to connect the father to the molestation. Justices also took issue with the trial judge's allowance of statements that the defendant's wife had made to a friend regarding the time she expected Camm to be home on the night of the murders.

The court also addressed several other issues that may come up in another retrial, such as statements by a co-conspirator who's since been convicted; opinion testimony about bloodstain patterns at the murder scene; and a courtroom demonstration by a state expert witness.

Chief Justice Randall T. Shepard was the lone dissenter in this case, saying the majority hasn't considered the full scope of the "mountainous" evidence in this case and the appellate courts have too quickly glossed over his confessions of guilt and how 24 jurors have all credited the testimony and found him guilty.

"The system of justice seeks to provide a fair trial, but there is no entitlement to a perfect trial," he wrote. "I think the two reversals entered by the appellate courts in this case have unnecessarily sanitized the evidence against David Camm."

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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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