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ATTORNEYS FOR APPELLANT
Gregory F. Zoeller Attorney General of Indiana Cynthia L. Ploughe Deputy Attorney General Indianapolis, Indiana

ATTORNEY FOR APPELLEES
Terry E. Iacoli Martinsville, Indiana

______________________________________________________________________________

FILED
of the supreme court, court of appeals and tax court

Indiana Supreme Court
_________________________________ No. 55S00-0906-CR-266 _________________________________ STATE OF INDIANA, v. MICHAEL HALDEMAN,

In the

Jan 15 2010, 11:22 am

CLERK

Appellant (Plaintiff below),

Appellee (Defendant below). _________________________________

Appeal from the Morgan Superior Court, No. 55D02-0803-FB-82 The Honorable Christopher Burnham, Judge _________________________________ On Petition To Transfer from the Indiana Court of Appeals, No. 55A05-0904-CR-224 _________________________________ STATE OF INDIANA, v. RACHEL LAWSON, Appellee (Defendant below). _________________________________ Appellant (Plaintiff below),

Appeal from the Morgan Superior Court, No. 55D02-0803-FB-85 The Honorable Christopher Burnham, Judge _________________________________ On Petition To Transfer from the Indiana Court of Appeals, No. 55A01-0903-CR-120 _________________________________ January 15, 2010

Dickson, Justice. Each of these two consolidated appeals1 presents the same question: whether the State must comply with Indiana Criminal Rule 25, which imposes a stay pending preliminary appellate review of a warrant authorizing interception of telephonic or telegraphic communications, notwithstanding the legislative repeal of the statutory provision requiring such review. We hold that the State was not authorized to disregard its obligations under Rule 25, which was in effect and had not been repealed or modified. Under the facts of these cases, however, the failure to seek preliminary appellate review does not require reversal because the defendants have not demonstrated that the State's failure affected their substantial rights.

In each of the cases, the trial court granted the defendant's motion to suppress evidence obtained as a result of police wiretapping purportedly authorized by a warrant issued pursuant to Indiana Code

Download State of Indiana v. Michael Haldeman/ Rachel Lawson.pdf

Indiana Law