957 N.E.2d 205
Ind. Ct. App.2011Background
- Camm appeals the trial court's denial of a petition for appointment of a special prosecutor under Indiana Code 33-39-1-6(b)(2).
- Camm contends Henderson's pretrial literary contract creates an irreversible actual conflict of interest.
- The trial court found no clear and convincing evidence of an actual conflict because the contract had been cancelled.
- Henderson, Floyd County Prosecutor, signed a literary representation agreement in March 2006 and cancelled it in September 2009, with communications indicating a continuing interest in publishing.
- Camm's petition was supported by testimony that Henderson had an ongoing personal agenda related to a book about the Camm case, potentially affecting prosecutorial decisions.
- The court ultimately reversed, requiring appointment of a special prosecutor for further proceedings consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an actual conflict of interest existed | Camm; Henderson's literary contract created divided loyalties | Henderson; contract cancelled, no lasting conflict | Yes; actual conflict existed, mandate appointment of a special prosecutor |
| Whether cancellation of the contract negates the conflict | Camm; cancellation cannot erase conflict | State; cancellation weighs against finding conflict | Cancellation does not remove the conflict; must disqualify |
Key Cases Cited
- Kubsch v. State, 866 N.E.2d 726 (Ind.2007) (burden on petitioner; actual conflict necessary for special prosecutor)
- Jones v. State, 901 N.E.2d 655 (Ind.Ct.App.2009) (loyalty conflicts can arise from prosecutor's personal interests)
- In re Goldsmith v. Newman, 686 N.E.2d 857 (Ind.Ct.App.1997) (prosecutor's interest may create an actual conflict of interest)
- State ex rel. Steers v. Holovachka, 236 Ind. 565, 575, 142 N.E.2d 593, 597 (1957) (abuse of discretion standard for petitions)
- In re McKinney, 948 N.E.2d 1154 (Ind.2011) (like any client, state requires undivided loyalty)
- In re Ronald L. Davis, 471 N.E.2d 280 (Ind.1984) (state's interests must not be compromised by personal interests)
- Kirtz v. Delaware Circuit Court No. 5, 916 N.E.2d 658 (Ind.2009) (public trust requires disqualification to protect integrity)