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. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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