10/22 - Indiana Court of Appeals Oral Arguments & CLE Luncheon (Fort Wayne)

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Monday  October 22, 2012 

Indiana Court of Appeals Oral Argument
In Re: Young v. State 20A04‐1112‐CR‐699
The scheduled panel members are Judges Michael P. Barnes, Paul D. Mathias, and Nancy H. Vaidik.

Reasonable Doubt Lies in the Eyes of the Beholder
James Young appeals his conviction for Class D felony domestic battery and Class D felony strangulation following a
jury trial. Young’s wife, the victim, did not testify at trial, but two firefighters and a police officer who had spoken
with her at or near the time of the incidents involved were allowed to testify concerning the substance of the
statements she made to them.
Young presents the following issues for review on appeal: (1) whether the firefighters’ and police officer’s testimony
regarding the victim’s statement to them was a violation of the Confrontation Clause within the Sixth Amendment of
the Constitution of the United States or permissible questioning during an ongoing emergency; (2) whether the trial
court abused its discretion in concluding that the victim’s statement to the police officer, more than 45 minutes
after the incidents, was an excited utterance; and (3) whether there was sufficient evidence to prove that Young
committed the offenses in a child’s physical presence so as to elevate the domestic battery offense to a Class D
felony.

Luncheon Speakers:
  Donald Swanson, Jr., Haller & Colvin P.C.
  Laurie A. Gray, Esq.

Date: Monday, October 22, 2012
Time (local time): 10:30 am - 1:30 pm
10:30-11:30 am - Oral argument
noon-12:30 pm - Registration/Luncheon
12:30-1:30 pm - CLE Program

Credit hours: 2.0 CLE
Must attend both oral argument and luncheon to receive credit

Cost:
$75 - Appellate Law Section Members
$85 - ACBA Members (non-section members)
$115 - Non-ACBA Members

Note: A $5 charge will be added for walk-ins and reservations received after Oct. 17

Location:
Oral Argument
Allen County Courthouse, 715 S. Calhoun St., Fort Wayne 46802

CLE Program
Allen County Bar Association, 924 South Calhoun St., Fort Wayne 46802

Provider:
Allen County Bar Association

Contact Information:
Allen County Bar Association
Phone (260) 423-2359
www.allencountybar.org

 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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