Tag Archives: Indiana Court of Appeals

Porter County Criminal Defense Lawyer Michael Campbell Scores Major Indiana Court of Appeals Victory

In a surprising reversal, the Indiana Court of Appeals overturned a decision of the Porter Superior Court denying a Motion to Suppress filed by Porter County Criminal Defense Lawyer Michael Campbell.  In Marshall v. State of Indiana, 64A05-1710-CR-2368, the Court of Appeals reversed the trial court’s denial of Attorney Campbell’s Motion to Suppress Evidence based on an improper traffic stop.

In the early morning on October 29, 2016, a Reserve Officer with the Hebron Police Department initiated a traffic stop of the Defendant’s vehicle based on the Officer’s observation that the Defendant “was going over the posted speed limit.” The Officer did not issue a citation for speeding, but instead decided to pursue an investigation for Operating a Vehicle While Intoxicated (“OWI“).  The Defendant was eventually charged with Class A Misdemeanor Operating a Vehicle While Intoxicated, Endangering a Person and Class C Misdemeanor Operating a Vehicle With an Alcohol Concentration Equivalent to .08 But Less Than .15.

In the Porter Superior Court on August 4, 2017, Porter County Criminal Defense Lawyer Michael Campbell filed a Motion to Suppress, alleging the traffic stop was unlawful. The trial court denied Attorney Campbell’s motion on August 8, 2017.  On August 9, 2017, Porter County Criminal Defense Lawyer Michael Campbell filed a Renewed Motion to Suppress, again alleging the traffic stop was unlawful, and requested a hearing on the motion. The trial court granted Attorney Campbell’s request for a hearing and held a hearing on Marshall’s renewed motion to suppress on August 17, 2017. The trial court ultimately denied Attorney Campbell’s renewed motion to suppress on August 18, 2017, and certified the Order for interlocutory appeal.

For the first time in Indiana history, Porter County Criminal Defense Lawyer Michael Campbell argued before the Indiana Court of Appeals that an officer’s testimony of his “visual speed estimate” was insufficient to establish reasonable suspicion to believe a defendant was exceeding the speed limit.

In its Order denying Attorney Campbell’s renewed motion for summary judgment, the trial court concluded that “an officer’s testimony of speeding, without radar, pacing or some number, when based upon his or her expertise and ability to draw conclusions about the excessive speed of the vehicle, in general terms, is sufficient to establish a reasonable suspicion of a traffic infraction justifying a stop.” In support of its conclusion, the trial court cited four cases from other jurisdictions.  The Indiana Court of Appeals found this neither controlling nor persuasive.

In this case, the Officer was using a radar, but he could not testify at hearing or at deposition what speed the Defendant was actually traveling and what the radar showed as Defendant’s speed.  During a pre-trial deposition, the Officer could not recall the posted speed limit at the location of the traffic stop, but he claimed he knew at the time of the stop what the speed limit was in the area, but testified he “thought maybe it was forty miles an hour[.]” Later at the suppression hearing, the Officer indicated he had visited the location of the stop prior to the hearing and that the speed limit was fifty miles per hour. The Officer testified he did not pace the vehicle, did not write down the speed at which he observed the vehicle traveling prior to the traffic stop, and did not observe the Defendant commit any other traffic infractions.

The Indiana Court of Appeals reasoned that because the Officer could not testify regarding the speed of the vehicle in more specific terms, he did not have specific articulable facts to support his initiation of a traffic stop, and therefore the traffic stop violated the Defendant’s Fourth Amendment rights.   The case has been remanded back to the trial court to determine what, if any, charges can be substantiated absent the now suppressed evidence gathered after the traffic stop was initiated.  The State of Indiana is expected to dismiss the case based upon a lack of evidence due to the evidence that was suppressed by the Opinion, but as of the time of this article, no motions have yet been filed by the State.

If you have been charged with Operating While Intoxicated in Indiana or you feel your rights have been violated, Porter County Criminal Defense Lawyer Michael Campbell will fight to preserve your innocence!  CALL TODAY FOR A FREE CONSULTATION. (219) 841-5683.

Porter County Lawyer s Affected by Technology Changes in Indiana Courts

Porter County Lawyer TechnologyAfter being in the works for nearly ten (10) years, the Indiana Supreme Court announced Wednesday that it will be requiring electronic filing in all appellate cases and in some county superior and circuit courts sometime within the next sixty (60) days.  (Read more here: Appellate pleadings, motions to be put online sometime in next 60 days).  This will affect all Porter County lawyer s, but not as much as the likely changes coming soon.

The courts have utilized online dockets since they came online sometime in 2012-2013.  This has allowed Porter County lawyer s, judges, and court administrators to check live data as the cases develop and progress.  Since October of 2015, the Indiana Court of Appeals and the Indiana Supreme Court have taken the next step to accept online filings.  To this point, the Indiana higher courts have allowed online filings at the Porter County lawyer ‘s option.  Within sixty (60) days, electronic filing will be mandatory in all cases before the top two tiers of the Indiana judicial system and soon may be available to Porter County lawyer s.

Porter County Lawyer Technology

In addition, the Indiana Supreme Court is requiring all filings with the Hamilton County Circuit and Superior courts to be electronic. This is the first step of many in all trial courts (circuit and superior) to be online.  Very soon, we will likely see Porter County lawyer s doing all filing from their home or office PC’s, instead of incurring the extensive costs and time of mailing or hand filing.

Indiana is one of the first states in the country to employ such technology in the filing of pleadings and papers.  Doing so could have a very positive environmental impact, as well as assisting Porter County lawyer s and judges in organization and efficiency.  All courts in Indiana are required to be online by 2017.

Indiana Supreme Court Headed to Portage, Indiana!

Indiana Supreme Court Portage, IndianaIn its Traveling Oral Arguments program, the Indiana Supreme Court has selected Portage High School for its oral argument on October 30, 2015.  (See official in.gov posting here.)

Oral arguments in a particular case focus on the legal issues surrounding the controversy between the parties, and are usually presented after the case has been fully “briefed”.  (For a detailed description of oral arguments, read more here.)  Oral arguments usually focus on the finer points of each side’s case, and usually require each lawyer to prepare for tens or hundreds of hours to be ready for any question he or she might encounter.  The questions are largely based on what is written in the briefs, but no one knows ahead of time the exact questions that will be asked.  Each justice will have the opportunity to ask questions of each lawyer for each respective side, and each side has a time limit in presenting his or her case.

The details of the case will not be known until shortly before oral arguments are held.  Cases for traveling oral argument are actual cases pending before the Indiana Supreme Court, and the justices will likely take their questions and answers under advisement until several weeks later when a decision will be rendered and published.

This program is an educational program begun by former Chief Justice Randall Shepard, and continued by Chief Justice Loretta Rush.  It focuses on exposure to high school students of the actual legal process in Indiana’s highest court.  The Indiana Court of Appeals (Indiana’s second highest court) has a similar program intent on educating high school students on the oral argument process.

The Porter County Bar Association in concert with the Lake County Bar Association, with the help of the staff of the Indiana Supreme Court were able to coordinate the event as well as other networking and public relations events.