« Ind. Decisions - Court of Appeals issues 9 today (and 21 NFP) | Main | Ind. Decisions - Transfer list for week ending November 25, 2009 »

Monday, November 30, 2009

Ind. Decisions - Supreme Court denies rehearing in David Camm case [Updated]

Here is the complete text of the Order:

Appellee's Petition For Rehearing is DENIED this 30th day of November, 2009.

Dickson, Sullivan, and Boehm, JJ., concur.
Shepard, C.J., and Rucker, J., dissent and would grant rehearing and affirm the trial court.

Here is the June 26, 2009, 4-1, opinion, written by Justice Dickson. It concluded:
We reverse the defendant's convictions and remand for new trial or other proceedings consistent with this opinion.

Sullivan, Boehm, and Rucker, JJ., concur.
Shepard, C.J., dissents with separate opinion.

Here is a list of all "David Camm" ILB entries.

[Updated at 3:00 PM] Here is a just-posted story by Ben Zion Hershberg of the Louisville Courier Journal:

The Indiana Supreme Court said Monday it won’t reconsider its decision to overturn David Camm’s conviction of the murders of his wife and their two children in September 2000.

On June 26, the court ruled 4-1 that Camm’s 2006 conviction of the murders of his family in the garage of their Georgetown home should be overturned because of arguments by Floyd County Prosecutor Keith Henderson that Camm killed his family to cover up alleged molestation of his 5-year old daughter Jill.

The court said there was no evidence connecting Camm to the alleged molestation. It also said that testimony by a friend of Camm’s wife Kimberly that she expected to see Camm about the time investigators said the murders occurred shouldn’t have been allowed because it could not be challenged by the defense.

Monday’s ruling sends the case back to Floyd County Prosecutor Keith Henderson. He could not be reached immediately for comment.

The Indiana Attorney General’s office had asked the Supreme Court in July to reconsider its decision. The decision not to do so came in a one-sentence order Monday supported by three of the justices, with two dissenting.

Camm has been convicted twice, but both were overturned by higher courts.

Posted by Marcia Oddi on November 30, 2009 01:27 PM
Posted to Ind. Sup.Ct. Decisions