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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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