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. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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