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Saturday, August 28, 2004

Indiana Courts - Imprisoned for 26 years, heartened by appeals ruling

"Imprisoned for 26 years, heartened by appeals ruling" is the headline to this opinion piece today by Indianapolis Star editorial writer James Patterson. Some quotes:

The wheels of justice often move slowly, but eventually they do turn.

After being imprisoned 26 years for a murder that reams of evidence suggest he didn't commit, Robert Earl Badelle is about to get his day in court. And it likely will be a good day for him.

Much of the evidence that wasn't allowed in either of Badelle's trials for the 1977 murder of service station operator Robert Kannapel Sr. was excluded erroneously, according to a ruling handed down Monday by the U.S. 7th Circuit Court of Appeals in Chicago.

The 7th Circuit's ruling reverses an order by U.S. District Court Chief Judge Larry J. McKinney that denied Badelle the right to appeal his conviction to a higher court. Badelle's attorney, Sarah Nagy, declined comment. * * *

Badelle was convicted at a second trial and sentenced to 60 years in prison. The battle over his guilt or innocence, however, has continued to divide the Indianapolis Police Department over the past 26 years.

In the piece, Patterson notes that he has:
written columns for nearly a decade that questioned Badelle's murder and robbery convictions. Clearly, the 7th Circuit Court of Appeals now has doubts about them, too.

The court stated:

We find that Badelle has made a substantial showing of the denial of a constitutional right as to the following issues:

Whether the prosecution suppressed evidence. . . when it did not disclose the results of Detective Clarence Grant's investigation or Detective Richard Combs' investigation.

Whether prosecution hindered trial counsel or trial counsel was ineffective in not locating, interviewing, or presenting testimony from Walter Cowherd, Reginald White, Tobin Rice, Aaron Jensen, Detective R.C. Green, Detective Tim Foley, Detective Don Campbell, and Detective Don Patton.

This case may be justice delayed but, thanks to goodness, not justice denied.

Unfortunately, a copy of the Court of Appeals order is not available online: neither is Judge McKinney's ruling. I was, however, able to access the case docket. Here are some quotes from the docket entries:
Court of Appeals Docket #: 04-1602
Filed: 3/12/04
Nsuit: 3530 Prisoner Habeas Corpus-Fed Q.
Badelle, Robert E. v. Miller, Charles
Appeal from: United States District Court * * *

3/12/04 State prisoner's habeas corpus case docketed. Certificate of Appealability denied 3/8/04. [04-1602] [1716840-1] Fee or IFP forms due on 3/26/04 for Robert E. Badelle. (hudk)

Filed Appellant Robert E. Badelle docketing statement. [04-1602] [1716848-1] (hudk)

Filed Seventh Circuit Transcript Information Sheet by Sarah L. Nagy for Appellant Robert E. Badelle. [04-1602] [1716840-1] (hudk)

3/15/04 The Antiterrorism and Effective Death Penalty Act requires approval from the Court of Appeals before a second or successive petition may be filed in the District Court. IT IS ORDERED that the appellee(s) file a statement advising this court whether the appellant(s) brought a previous petition challenging the same judgment that the appellant now challenges. (See order for further details) DW [04-1602] Statement due 3/29/04 for Charles B. Miller . (hard)

3/26/04 Original record on appeal filed. Contents of record: 1 vol. pleadings; 1 vol. loose pleadings. [04-1602] [1721828-1] (kuzi)

3/30/04 Filed Appellee Charles B. Miller jurisdictional memorandum. [04-1602] [1723216-1] (tiff)

4/7/04 Filed motion by Appellant Robert E. Badelle to proceed on appeal in forma pauperis. [1726482-1] [04-1602] (nath)

4/26/04 ORDER: The respondent shall file, a supplement to its memorandum regarding "the nature and disposition of the two causes described in paragraph 3 of his response." DW [04-1602] Supplement due 5/10/04 for Charles B. Miller. (tiff)

4/28/04 Filed motion by Appellant Robert E. Badelle for certificate of appealability. [1732826-1] [04-1602] (nath)

5/10/04 Supplement filed to its memorandum regarding "the nature and disposition of the two causes described in paragraph 3 of his response," filed by Appellee Charles B. Miller. [04-1602] [1736324-1] (tiff)

5/13/04 ORDER: This appeal shall proceed to a ruling on motion to proceed in forma pauperis on appeal, and to a determination whether a certificate of appealability should issue. [1716840-1] DW [04-1602] [1737675-1] Briefing is SUSPENDED pending further court order. (See order for further details) (tiff)

6/7/04 Supplemental record on appeal filed. Contents of record: 31 vol. state court records. [04-1602] [0-0] (greg)

8/23/04 ORDER filed GRANTING certificate of appealability. Badelle's motion to proceed in forma pauperis is GRANTED. Briefing shall proceed as follows: [1726482-1] LAB [04-1602] 1. The appellant(s) brief is due on or before 9/22/04 for Robert E. Badelle. 2. The appellee(s) brief is due on or before 10/22/04 for Charles B. Miller. 3. The reply brief if any is due on 11/5/04 for Robert E. Badelle. (See order for further details) (amyd)

Posted by Marcia Oddi on August 28, 2004 06:19 PM
Posted to Indiana Courts