On October 28, 2015, Craig V. Braje and David K. Payne appeared before the Indiana Supreme Court in Indianapolis to present oral arguments in the case of State of Indiana vs. Brian Taylor. Mr. Taylor has been charged with the murder of Simone Bush. At issue before the Supreme Court, was whether the LaPorte Superior Court No. 1 correctly excluded evidence and testimony linked to certain police officers who, along with the then-Chief Deputy Prosecuting Attorney of LaPorte County, had listened in on part of a confidential conversation between Mr. Taylor and his attorney. Before reaching the Indiana Supreme Court, the case was argued through written brief to the Indiana Court of Appeals, which held that the Superior Court’s ruling reached too far in excluding nearly all evidence and testimony collected, discovered, or provided by those law enforcement personnel who had overheard Mr. Taylor’s conversation with his attorney.
Advocating for Mr. Taylor, Mr. Braje and Mr. Payne argued that the trial court’s ruling should remain in place and the evidence in question should be deemed inadmissible given that the members of law enforcement at issue refused to provide testimony on their methods of collection and discovery and, instead, asserted their Fifth Amendment rights against self-incrimination. The Supreme Court has now taken the matter under advisement and will be issuing their ruling within the next few months.
For more information, the Indiana Supreme Court case number assigned to this matter is 46S04-1509-CR-552 and the Indiana Court of Appeals cause number is 46A04-1407-CR-316. You can also watch online the oral arguments presented to the Indiana Supreme Court.