ILNews

Attorney criticized for poor brief

Jennifer Nelson
January 1, 2007
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The Indiana Court of Appeals dismissed a defendant's appeal because of the numerous errors committed by her attorney in the brief.

In Ashley N. Galvan v. State of Indiana, No. 35A02-0706-CR-495, Judge Ezra Friedlander spent the majority of the opinion blasting Galvan's attorney, John Clifton of Fort Wayne, for failing to follow appellate rules in filing the brief.

Galvan, who took a plea agreement, was appealing her sentence of one and a half years for possession of cocaine with all but 90 days suspended to probation, and a concurrent sentence of one year with all but six days suspended for an OWI offense.

Because of numerous violations, the Court of Appeals dismissed the appeal. Judge Friedlander wrote in a footnote that even if Clifton had followed all the appellate rules, Galvan would have lost her appeal because she waived her right to do that in her plea agreement.

"Due to flagrant violations of the appellate rules, we dismiss Galvan's appeal," Judge Friedlander wrote. "We have warned Galvan's attorney, John G. Clifton, on at least three occasions regarding his inadequate appellate advocacy."

The court has warned Clifton in the past about his work, and according to a footnote in the opinion, he has continued to file briefs and appendices that violate the appellate rules. The most recent brief was filed Oct. 5, 2007.

Judge Friedlander listed the rules Clifton didn't follow in filing Galvan's appeal - Indiana Appellate Rules 46(A)(5), 46(A)(6), 46(A)(7), 46(A)(10), 46(A)(8)(a), and 50(c).

The appellate brief lacked an adequate statement of facts, statement of case, and summary of the argument section. Clifton had cut and pasted his previous statement of issue into the summary of the argument section, which simply read: "I. Inappropriateness of sentence."

"Even a non-lawyer would recognize this 'summary' as unacceptable," Judge Friedlander wrote.

Clifton's brief lacked an appropriate table of contents and his argument in support of Galvan's appeal was inadequate and "not supported by cogent reasoning."

Finally, Judge Friedlander directed Clifton to return any fee he may have received from Galvan to represent her and cautioned the attorney that any more violations may result in a referral to the Indiana Supreme Court Disciplinary Commission for investigation.
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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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