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. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  3. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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