The Indiana Supreme Court has dismissed without prejudice a request by a defendant to be released from jail while awaiting his third murder trial.
The court rejected both arguments from twice-convicted David Camm, noting his petition seeks “an unquestionably inappropriate remedy under the rule and law governing writs of mandamus.”
Camm filed a writ of mandamus seeking relief for his motion for pretrial release. He argued he was entitled to release under Criminal Rule 4(A) and the Sixth Amendment of the U.S. Constitution.
A former Indiana State Trooper, Camm has been tried and convicted twice of murdering his wife and two young children at their Floyd County home in September 2000. His original conviction in March 2002 was overturned in August 2004. A second trial in March 2006 yielded another conviction but that verdict was subsequently overturned in June 2009.
In rejecting Camm’s petition, the court states C.R. 4(A) does not mention retrials and Camm cites no precedent for applying the rule in the retrial context. Moreover, the delays following the appellate reversal of his convictions were attributable to his motion for a change of venue.
Also, the court pointed out that Camm identifies no precedent for interpreting the Sixth Amendment to require a pretrial release.