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Saturday, October 13, 2007

Ind. Courts - David Camm appeal brief filed with the Supreme Court

Updating this ILB entry from Sept. 29th, which reported that Chief Justice Shepard had granted David Camm's attorneys until Oct. 12 to finish their appeal brief, but that "Shepard denied the attorneys' request to increase the size limit on the brief from 21,000 words to 28,000," the Louisville Courier Journal reports today, in a comprehensive story by Ben Zion Hershberg:

Lawyers for former Indiana State Trooper David Camm filed a 21,000-word appeal yesterday with the Indiana Supreme Court, arguing that his conviction last year for the murders of his wife and two children seven years ago was the result of a drastically imbalanced playing field created by numerous errors by the trial judge. * * *

In his second trial in the case, Camm was found guilty on March 3, 2006, of fatally shooting his wife, Kimberly, and their two children in the garage of their Georgetown home on Sept. 28, 2000. He was sentenced to life in prison without the possibility of parole.

Because of intense publicity about the killings, the trial was moved to Warrick County, with Superior Court Judge Robert Aylsworth presiding.

Yesterday was the deadline that the Supreme Court had set for filing the appeal. The state attorney general's office has at least 30 days to respond and could seek an extension. The defense will then have another 15 days to answer the attorney general's response.

Liell said she believes that arguments before the Supreme Court are likely to be held in the spring and that the court could make a decision later next year.

If the verdict is overturned, Camm could be released immediately if the Supreme Court finds there isn't enough evidence to support a conviction, Liell said, or it could order a third trial.

The 73-page appeal filed yesterday was supported by a friend-of-the-court brief submitted by Thomas Schornhorst, a law professor emeritus at Indiana University.

Additional coverage may be found in this story by Shea Van Hoy in the Jeffersonville News & Tribune.

Posted by Marcia Oddi on October 13, 2007 05:00 PM
Posted to Indiana Courts