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ISBA offers 'insider view' of appellate courts

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Indiana attorneys and jurists came together Wednesday to get an insider's view of the state's appellate process and learn more about the nuances of the system.

An afternoon continuing legal education seminar took about 100 attorneys on a walk through the appellate process, from filing motions, how staff attorneys and courts review, and what lawyers can do to make the process easier.

"This is the stuff we all get sweaty palms about, and we'd like to know where the daggers might be coming from," said Indiana State Bar Association president Richard Eynon, who attended the two-hour session.

Put on by the ISBA's Appellate Practice Section, the afternoon seminar was led by a six-member panel including Kent Zepick with Bingham McHale, who moderated the panel discussion; Kevin Smith, Indiana Supreme Court Administrator and Clerk of the Appellate Courts; Heather Smith, Deputy Clerk of the Appellate Courts; Danielle Sheff, a staff attorney for the Indiana Court of Appeals; Russ Hughes, a staff attorney for senior judges on the Indiana Court of Appeals; and Steve Lancaster, Indiana Court of Appeals administrator.

Topics that received attention during the seminar included new procedures attorneys will have to follow for "rotunda filing" once new security systems are in place at the Statehouse, recent appeals involving state administrative agencies relating to how motions and notices must be filed, and how attorneys can assist judges and court staff by including trial court chronological case summaries with their appellate summaries even though court rules don't require it.

"Don't think our court has easy access to trial court records," Sheff said, noting that 7,800 motions with orders came last year and the court often uses Doxpop or CivicNet to access trial records when needed. "If we have to stop to look up the history on your motion, that takes time from everything else."

Another topic delved into an ongoing issue of attorneys' incorrectly citing "Not For Publication" memorandum decisions, especially those being picked up by WestLaw and given N.E. 2d citations.

Panelists also discussed an appellate e-filing system that is currently being studied and could be implemented by the end of the fiscal year July 1, 2008. The courts are investigating IT needs for the entire appellate level this month and want to hear from the legal community this year about how the courts can better assist everyone on this.

"This is your chance to tell us what you like and don't like," Smith said.
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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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