Supreme Court: Man Allowed To View Video Of Controlled Drug Buy With Informant

first_imgThree Individuals and Relay Qualify for Finals on Friday at NCAA ChampionshipsOlivia Covington for www.theindianalawyer.comA Vigo County man facing drug charges will now be able to review a video of a controlled drug buy between himself and an informant after the Indiana Supreme Court decided Friday that the disclosure of the video would be relevant and helpful to his case.In Marvin Beville v. State of Indiana, 84S01-1606-CR-347, Marvin Beville was accused of selling marijuana to a confidential informant and was subsequently charged with dealing in marijuana and maintaining a common nuisance. The state informed Beville that it had a video recording of the controlled buy, but only offered to let Beville’s public defender review the video at the prosecutor’s office.Beville then made multiple attempts to obtain a copy of the video for his own review, including filing a motion to compel. The state claimed the informer’s privilege allowed the withholding of any item that could reveal the informant’s identity.The public defender argued that allowing Beville to review the video was “fundamental to (their) preparation,” and the video might not reveal the informant’s identity because the camera was likely pointed at Beville.The Vigo Superior Court denied the motion to compel, but did not issue findings of fact or conclusions of law.A divided Indiana Court of Appeals affirmed in a March 2016 memorandum decision, holding that the state showed a “paramount interest” in protecting the informant’s identity, though Judge Elaine Brown dissented. The Indiana Supreme Court also disagreed with the Vigo Superior Court and reversed its decision to withhold the video from Belville.Chief Justice Loretta Rush noted that the court had not resolved how the informer’s privilege and three-part Dillard discovery test work together. Beville argued that the informer’s privilege does not apply to his case, and that even if it did, the state failed to carry its burden to withhold the video under the Dillard test because it did not prove its “paramount interest” in doing so.The justices agreed with Belville that his motion to compel should have been granted, but the court took a different legal analysis to reach that conclusion. According to the court’s unanimous opinion, if the state properly asserts the informer’s privilege, then the Dillard test is not applicable to the case.“Thus, the State need not show a ‘paramount interest’ in withholding evidence revealing a CI’s identity, even if a defendant can demonstrate particularity and relevance,” Rush wrote. “Rather, a valid assertion of the informer’s privilege shifts the burden to the defendant to demonstrate that disclosure of the requested evidence is either relevant and helpful to his defense or necessary for a fair trial.”In a situation in which it is unknown whether the informer’s privilege applies, the state could ask the trial court to review the video in camera to determine whether it contains privileged information, Rush said. But given that the state failed to meet its burden of establishing the essential elements of the privilege, the chief justice wrote that the denial of the motion to compel was an abuse of discretion.However, even if the state had proven that the video would have revealed the informant’s identity, the court found that Beville would have been entitled to the video, regardless, because he carried his burden of establishing that the evidence was “relevant and helpful to his defense.”FacebookTwitterCopy LinkEmailSharelast_img read more

Trey Anastasio & Dave Matthews Perform Coran Capshaw Gala [Videos]

first_imgLast night, City of Hope, a charity benefiting cancer research, held its 2017 Spirit Of Life Gala, called “Music, Hope & Healing” at Barker Hangar in Santa Monica, California. At the event, Coran Capshaw, founder of Red Light Management and all around music business impresario, was honored with the Spirit Of Life award for his contributions to the charity. Amongst the many huge contributions that Capshaw has had to the music business is his longtime role as manager to Dave Matthews Band, whom he discovered in Virginia back in the early 90s and helped establish as a touring powerhouse. When Phish reunited in 2009, Trey Anastasio brought in his old friend Coran to be their new manager, and he has helped guide them back to prominence as one of the best and most unique touring acts in the world. As such, at last night’s event, both Trey Anastasio of Phish and Dave Matthews performed short acoustic sets at the City of Hope gala, before Preservation Hall Jazz Band finished the evening with a full set of music.Anastasio was up first, and he delivered newer material from the Phish catalog. “More” and “Miss You” from Big Boat were both performed, with the latter following a story about the City of Hope foundation’s focus on neuroendocrine cancer, which took the lives of both Trey’s sister, Kristy Anastasio Manning, and Phish and Dave Matthews Band’s longtime agent, Chip Hooper. “Miss You” was written for Kristy, and Anastasio dedicated the song to Hooper and his family. To close his mini-set, Anastasio performed a new song that was debuted in Las Vegas, dubbed “Soul Planet”.Trey Anastasio Band Keeps It Rolling In Santa Ana, Debuts Bob Marley Cover [Photos/Videos]Matthews, who is also Capshaw’s best friend, followed Anastasio, and he performed several of Dave Matthews Band’s biggest hit songs. He played “Bartender”, “Grey Street”, and “Don’t Drink The Water”. Before “Bartender”, Matthews joked that Capshaw had requested that song be played, but he couldn’t understand why because it wasn’t a radio hit. It was that kind of night.After both Anastasio and Matthews were finished with their small sets, Preservation Hall Jazz Band took the stage and wowed the crowed with their authentic New Orleans sound and passionate performing style. All around, it was a night filled with amazing music while helping to raise money for an excellent cause.Thanks to our good friend, Instagram hero @ragingruth, you can watch a few videos of Anastasio, Matthews, and Preservation Hall Jazz Band. Below you can find short videos of “Miss You” and Anastasio’s brand new song, as well as “Bartender”, “Grey Street”, and “Don’t Drink The Water” from Matthews, and a clip of Preservation Hall Jazz Band.Trey Anastasio – “Miss You”Trey Anastasio brand new songDave Matthews – “Bartender”Dave Matthews – “Grey Street”Dave Matthews – “Don’t Drink The Water”Preservation Hall Jazz Bandlast_img read more