ILNews

Court of Appeals in Franklin, Evansville on Thursday

Rebecca Berfanger
January 1, 2007
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The Court of Appeals will be on the road on Thursday, hearing cases in Franklin and Evansville. It will hear its 180th and 181st cases on the road since 2001 when the court began regularly hearing arguments at venues around the state.

State v. Karl Jackson will be heard at Franklin College at 10 a.m. in the Branigin Room of the Napolitan Student Center. It marks the court ;s fifth visit to Franklin. The three-judge panel includes Chief Judge John G. Baker, and judges Carr L. Darden, and Margret G. Robb.

The court is asked to decide under what circumstances a person may be convicted of driving with a suspended license for the status of being a habitual violator of traffic laws. The case originated in Hamilton Superior Court.

Sergio Campos v. State will be heard at the University of Southern Indiana in Evansville at 2 p.m. (Central Time) at the Health Professions Center Mitchell Auditorium. It marks the court ;s sixth trip to USI. The three-member panel includes judges Melissa S. May, Nancy H. Vaidik, and Michael P. Barnes.

The court is asked to decide several questions regarding procedure and constitutional law in this search and seizure case, including whether a passenger who does not own the car in which he is stopped has standing to challenge a police search that uncovers drugs he owns; whether police, after completing a traffic stop for speeding, may then tell a driver a search of his car is "necessary" when no additional evidence of a crime is apparent; and whether police officers may secretly record conversations between people waiting in a police car when they have not been given their Miranda warnings that they have a right to remain silent. The case originated in Lake Superior Court.

At each location, following oral arguments, the court will answer questions about the judicial process in Indiana from the public and from students.
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  1. 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.

  2. 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.

  3. 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.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

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