ILNews

Court criticizes appellate attorney for not citing material

Michael W. Hoskins
January 1, 2007
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The Indiana Court of Appeals has affirmed a lower court's decision that a man convicted of felony forgery must submit a DNA sample.

But that's only part of today's seven-page decision in James Keeney v. State of Indiana, No. 21A01-0611-CR-495, which goes on to admonish an appellate attorney who filed a brief with uncited material.

In this case, Keeney challenged last year Fayette Circuit Judge Daniel Pflum's order, which said Keeney needed to submit a DNA sample after pleading guilty to forgery and receiving a four-year sentence. Some of that time was suspended and ordered for home detention, and Keeney objected to the order on grounds of a Untied States Supreme Court decision last year. The appeals court agreed with the state that the higher ruling isn't enough to overrule the state law and previous court decisions, and affirmed the sentence.

But the ruling didn't end there.

"Unfortunately, we must call attention to the fact that the appellate attorney for Keeney has filled her brief with uncited material," the court wrote.

"... The importance of proper attribution cannot be understated. While lawyers and judges regularly borrow reasoning from others, both ethics and the appellate rules require that the source be given credit. Nonetheless, Keeney's appellate attorney merely transplanted the [U.S. District Court of Massachusetts'] order into her brief as if it was her own work," the court continued.

The court wrote that the brief's entire "argument" section is a near-verbatim replication of a recent memorandum and order in a case that isn't cited or relied on in Keeney's appeal. The "inadequate" brief did not advance any argument or help Keeney's case, the court wrote.

"We confine our criticism here to an admonishment," the court wrote, noting that it had the authority to strike the brief, order the appellate attorney to receive no fee or return with interest any fee already received, refer the matter to the Indiana Supreme Court's Disciplinary Commission for investigation of potential rule violation, or to hold the attorney in contempt. "We choose, however, not to sanction Keeney's attorney beyond the reprimand within this opinion."

The attorney called out in the ruling is Sarah Nagy of Indianapolis

"If I made a mistake, all I can do is learn from it and try not to do it again," Nagy said this afternoon, noting she'd not yet read the opinion and was shocked to learn about the admonishment. "No one's perfect, and if we do something wrong, that's why we have judges, to help us learn from it."
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  1. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  2. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  3. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

  4. Sounds like overkill to me, too. Do the feds not have enough "real" crime to keep them busy?

  5. We live in the world that has become wider in sense of business and competition. Everything went into the Web in addition to the existing physical global challenges in business. I heard that one of the latest innovations is moving to VDR - cloud-based security-protected repositories. Of course virtual data rooms comparison is required if you want to pick up the best one.

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