ILNews

Court criticizes appellate attorney for not citing material

Michael W. Hoskins
January 1, 2007
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The Indiana Court of Appeals has affirmed a lower court's decision that a man convicted of felony forgery must submit a DNA sample.

But that's only part of today's seven-page decision in James Keeney v. State of Indiana, No. 21A01-0611-CR-495, which goes on to admonish an appellate attorney who filed a brief with uncited material.

In this case, Keeney challenged last year Fayette Circuit Judge Daniel Pflum's order, which said Keeney needed to submit a DNA sample after pleading guilty to forgery and receiving a four-year sentence. Some of that time was suspended and ordered for home detention, and Keeney objected to the order on grounds of a Untied States Supreme Court decision last year. The appeals court agreed with the state that the higher ruling isn't enough to overrule the state law and previous court decisions, and affirmed the sentence.

But the ruling didn't end there.

"Unfortunately, we must call attention to the fact that the appellate attorney for Keeney has filled her brief with uncited material," the court wrote.

"... The importance of proper attribution cannot be understated. While lawyers and judges regularly borrow reasoning from others, both ethics and the appellate rules require that the source be given credit. Nonetheless, Keeney's appellate attorney merely transplanted the [U.S. District Court of Massachusetts'] order into her brief as if it was her own work," the court continued.

The court wrote that the brief's entire "argument" section is a near-verbatim replication of a recent memorandum and order in a case that isn't cited or relied on in Keeney's appeal. The "inadequate" brief did not advance any argument or help Keeney's case, the court wrote.

"We confine our criticism here to an admonishment," the court wrote, noting that it had the authority to strike the brief, order the appellate attorney to receive no fee or return with interest any fee already received, refer the matter to the Indiana Supreme Court's Disciplinary Commission for investigation of potential rule violation, or to hold the attorney in contempt. "We choose, however, not to sanction Keeney's attorney beyond the reprimand within this opinion."

The attorney called out in the ruling is Sarah Nagy of Indianapolis

"If I made a mistake, all I can do is learn from it and try not to do it again," Nagy said this afternoon, noting she'd not yet read the opinion and was shocked to learn about the admonishment. "No one's perfect, and if we do something wrong, that's why we have judges, to help us learn from it."
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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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