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. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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