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COA corrects, clarifies issues in taillight case

Jennifer Nelson
January 1, 2007
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http://www.in.gov/judiciary/opinions/pdf/05210701mgr.pdfThe Indianapolis law professor who challenged in court the ticket he received for a broken taillight in Fort Wayne petitioned for a rehearing, and the Court of Appeals today issued an opinion that affirms but corrects and clarifies its earlier ruling.

On May 21, the COA reversed and remanded Joel Schumm's case, Schumm v. State, to Allen Superior Court for a new trial. In that opinion, the appellate judges found the trial court improperly denied Schumm's Baston challenge.

Schumm recently petitioned for a rehearing raising five issues; the appeals court responded by correcting a factual statement and clarifying two aspects of its earlier opinion.

In today's opinion in Schumm v. State, authored by Judge Margret Robb, the court states that a jury instruction by Schumm is an Indiana pattern instruction. The court had earlier ruled the pattern instruction was not from Indiana.

In a footnote in today's opinion, the court noted its library copy of Indiana's jury instructions indicated it was current through December 2006; however, the table of contents and several chapters - including Chapter 17 - had not been updated and did not include the instruction Schumm submitted. The court also thanked Schumm for bring it to their attention.

Also in its previous opinion, the appellate judges stated Schumm waived his argument regarding the admissibility of Department of Transportation regulations because he failed to seek to introduce the evidence relating to them at trial. The Court of Appeals writes that Schumm did indeed seek to introduce evidence to show his vehicle was in compliance with DOT regulations but not to introduce the regulations themselves.

In its May 21 opinion, the court also stated Schumm waived his argument that the trial court improperly excluded evidence regarding the Fort Wayne Police Department's Standard Operating Procedures. The court restates that Schumm "waived his argument as to whether the SOPs themselves were admissible, as he did not attempt to admit them at trial."
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  1. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

  2. Can anyone please help this mother and child? We can all discuss the mother's rights, child's rights when this court only considered the father's rights. It is actually scarey to think a man like this even being a father period with custody of this child. I don't believe any of his other children would have anything good to say about him being their father! How many people are afraid to say anything or try to help because they are afraid of Carl. He's a bully and that his how he gets his way. Please someone help this mother and child. There has to be someone that has the heart and the means to help this family.

  3. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  4. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  5. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

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