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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  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

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