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COA heads to northern Indiana for ‘Appeals on Wheels’

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The Indiana Court of Appeals will travel to northern Indiana Wednesday to hear arguments in Lake and St. Joseph counties involving two criminal cases.

Judges Paul Mathias, Melissa May and Michael Barnes will hear Rashawn Speed v. State of Indiana, 35A02-1308-CR-696 at 11:30 a.m. at St. Joseph High School. Speed was found guilty of child molesting and sexual misconduct with a minor related to his conduct with an acquaintance’s 13-year-old niece.

Speed raises four issues on appeal: whether the trial court improperly allowed vouching testimony on the victim’s behalf; whether the trial court erred by allowing certain questions; whether the evidence supports his convictions; and whether Speed’s trial counsel was ineffective.

Judges John Baker, James Kirsch and Margret Robb are scheduled to hear the appeal of Maddox Macy v. State of Indiana, 52A02-1309-CR-808, in Crown Point. Maddox Macy argues her resisting law enforcement conviction cannot stand because she didn’t forcibly resist.

Police and animal control officers went to Macy’s home after receiving a report that two of her dogs bit her neighbor. She was uncooperative and loud, and police threatened to arrest her if she did not calm down. She continued “making a scene,” according to court records, so the police officer forced her into the back of his police car. She refused to put her feet inside the door, so the officer had to place them inside the car. She was convicted of disorderly conduct and resisting law enforcement.

The arguments will be held at 1 p.m. CDT at the Lake County Government Complex Auditorium, 2293 N. Main St., Crown Point. The Women Lawyers Association is hosting the argument, which is a part of the “Appeals on Wheels” program. High school students from Lake and Porter counties will attend the argument.

 

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  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

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  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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