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COA corrects, clarifies issues in taillight case

Jennifer Nelson
January 1, 2007
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http://www.in.gov/judiciary/opinions/pdf/05210701mgr.pdfThe Indianapolis law professor who challenged in court the ticket he received for a broken taillight in Fort Wayne petitioned for a rehearing, and the Court of Appeals today issued an opinion that affirms but corrects and clarifies its earlier ruling.

On May 21, the COA reversed and remanded Joel Schumm's case, Schumm v. State, to Allen Superior Court for a new trial. In that opinion, the appellate judges found the trial court improperly denied Schumm's Baston challenge.

Schumm recently petitioned for a rehearing raising five issues; the appeals court responded by correcting a factual statement and clarifying two aspects of its earlier opinion.

In today's opinion in Schumm v. State, authored by Judge Margret Robb, the court states that a jury instruction by Schumm is an Indiana pattern instruction. The court had earlier ruled the pattern instruction was not from Indiana.

In a footnote in today's opinion, the court noted its library copy of Indiana's jury instructions indicated it was current through December 2006; however, the table of contents and several chapters - including Chapter 17 - had not been updated and did not include the instruction Schumm submitted. The court also thanked Schumm for bring it to their attention.

Also in its previous opinion, the appellate judges stated Schumm waived his argument regarding the admissibility of Department of Transportation regulations because he failed to seek to introduce the evidence relating to them at trial. The Court of Appeals writes that Schumm did indeed seek to introduce evidence to show his vehicle was in compliance with DOT regulations but not to introduce the regulations themselves.

In its May 21 opinion, the court also stated Schumm waived his argument that the trial court improperly excluded evidence regarding the Fort Wayne Police Department's Standard Operating Procedures. The court restates that Schumm "waived his argument as to whether the SOPs themselves were admissible, as he did not attempt to admit them at trial."
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  1. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  2. Don't we have bigger issues to concern ourselves with?

  3. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  4. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  5. Different rules for different folks....

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