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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. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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