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COA to visit Rushville, Greencastle

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The Indiana Court of Appeals will hear arguments in Rushville and Greencastle next week as part of its “Appeals on Wheels” initiative.

Chief Judge John Baker and Judges L. Mark Bailey and Margret G. Robb will hear Natasha Lafave v. State of Indiana, No. 16A01-1006-CR-271, at 10 a.m. Monday at Rushville Consolidated High School. In the appeal from Decatur Superior Court, Natasha Lafave argues that as an overnight guest at her friend’s house, she was entitled to the protections extended to houseguests under the Fourth Amendment. Lafave was convicted of illegal consumption of alcohol while under the age of 21.

She also claims the state failed to establish the existence of one of the exceptions to the Fourth Amendment’s warrant requirement to enter a residence for a search and that police entry into the house where she was arrested was therefore unconstitutional.

On Tuesday, Judges Ezra A. Friedlander, Robb, and Bailey will hear Elizabeth Littlefield v. State of Indiana, No. 49A02-1003-CR-266, at DePauw University in Greencastle. Elizabeth Littlefield appeals her conviction of disorderly conduct after being arrested during a domestic dispute with her husband. She argues that her arrest was inappropriate because the arresting officer didn’t act in accordance with police department policies for handling encounters with the mentally ill. She also contends that the comments leading to her conviction were political speech protected by the Indiana Constitution.

Arguments begin at 2:30 p.m. in the Inn at DePauw & Event Center.

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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