On March 30, 2016, the Indiana Supreme Court issued its Opinion in the case of State v. Brian Taylor. David Payne and Craig Braje traveled to Indianapolis for oral arguments on this case in October of 2015.
In its Opinion, the Supreme Court overturned, in part, Judge Kathleen Lang’s Order which suppressed any and all testimony of the police officers who eavesdropped on a conversation between Brian Taylor and Mr. Payne, his attorney. In a strongly-worded opinion, the Supreme Court condemned the eavesdropping of Mr. Taylor’s confidential conversation with his attorney. However, the Supreme Court reasoned that Judge Lang’s broad Order resulted in a windfall to Mr. Taylor rather than providing him with the proper remedy for the violation of his constitutional rights.
Now, this case will return to the LaPorte Superior Court #1, where Judge Michael Bergerson will hold a hearing to determine what portion of the police officers’ testimony was influenced by their eavesdropping and therefore, inadmissible in trial.
The link to the Indiana Supreme Court Opinion is: http://www.in.gov/judiciary/opinions/pdf/03301601lhr.pdf.
The cause number for the LaPorte Superior Court # 1 is 46D01-1403-MR-110.