ILNews

Judge clears way for $4.5 million settlement

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A U.S. District magistrate judge granted a joint motion Sept. 2 to vacate a jury verdict in favor of a man wrongfully imprisoned for rape, allowing a settlement reached between the man and the city of Hammond to be approved.

The parties in Larry Mayes v. City of Hammond, Indiana, et al., No. 2:03-CV-379-PRC, reached a settlement of $4.5 million in March and asked that the 7th Circuit Court of Appeals vacate summary judgment and a jury verdict awarding Larry Mayes $9 million after DNA evidence exonerated him from committing a 1980 rape.

The 7th Circuit denied the motion to vacate and remanded to the District Court to allow it to inform the appellate court if it would vacate the judgment and jury verdict. On Aug. 15, Magistrate Judge Paul R. Cherry of the Northern District of Indiana's Hammond Division issued an opinion advising the 7th Circuit that the court was inclined to grant the joint request of the parties to vacate the jury verdict and judgment to allow for the settlement. The 7th Circuit remanded the appeal of the case to the District Court to allow for the magistrate judge to vacate the judgment and jury verdict.

Mayes spent 21 years in the Indiana State Prison in Michigan City. With the help of Indiana University School of Law - Indianapolis' Criminal Defense Clinic, he was released in 2001 after the court granted a petition filed by students requesting DNA testing in his case.

For more about this story, check out the Sept. 17-30, 2008, edition of Indiana Lawyer.

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  1. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  2. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  3. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

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