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COA to visit high school for oral arguments

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The Indiana Court of Appeals will hear oral arguments in a trespass and resisting law enforcement case at an Indianapolis high school Nov. 16.

Judges Nancy Vaidik, Michael Barnes, and Cale Bradford will be at Lawrence North High School to hear Cavin Pogue v. State of Indiana, No. 49A02-1001-CR-37. Cavin Pogue appeals his Class A misdemeanor convictions of criminal trespass and resisting law enforcement. Pogue was enrolled in a Goodwill Industries’ program that used stimulus funds to pay Indianapolis Public School high school students to attend summer school programs. Pogue attended classes at Indianapolis Metropolitan High School, which is on property owned by Goodwill Industries.

When he came to IMHS to pick up money owed to him for class attended, he wasn’t paid, became disorderly, but was allowed to return to the school. When he wasn’t paid again a few weeks later, he again became disorderly and police were called.

Pogue claims there wasn’t sufficient evidence to prove beyond a reasonable doubt that he lacked a contractual interest in the property in question or that he forcibly resisted or interfered with the arresting officer’s duties.

Arguments begin at 1:20 p.m.

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  1. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  2. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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