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On the road, jurists give public access to appellate cases

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It’s no accident that on a college campus in Richmond recently, the Indiana Supreme Court heard a case that involves allegations of hazing and potential liability for an incident at a Wabash College fraternity.

Justices and court staff deliberate about which cases would be good ones for traveling oral arguments, Chief Justice Brent Dickson said. Ideal cases are those that have broad public interest, would be engaging for the public at the chosen venue, and are not highly technical.

15col-Road_Main.jpg From left, justices Steven David and Robert Rucker, Chief Justice Brent Dickson, and justices Loretta Rush and Mark Massa conduct a Q&A session with a Richmond audience after an oral argument at Indiana University East. (IL Photo/ Dave Stafford)

Indiana’s appellate judiciary for more than a decade has heard arguments around the state, many through the Appeals on Wheels initiative of the Court of Appeals. Judges and justices say the arguments promote transparency and give the public a chance to demystify a part of the judiciary many seldom see.

“At the 100th anniversary of our court, our goal was to visit every county in the state, and we almost have,” Court of Appeals Judge Melissa May said. “One thing it does is allow everybody in the public to see what our appellate court really does,” she said.

While the Supreme Court typically hits the road fewer than five times a year, the Court of Appeals averages about 27 Appeals on Wheels arguments each year, according to court spokesman Martin DeAgostino. Since beginning the effort in 2000, he said the court has heard 365 cases in 64 of Indiana’s 92 counties. Arguments most often are heard at high schools, colleges, law schools or courthouses.

“First, we look at cases where oral argument has been requested, then we look for a case that may be of interest to that area where we’re going or the type of crowd we expect,” May said. For an argument at a high school, for instance, “We try to find a criminal search and seizure case, preferably a school case if we can find it.”

The appellate panels also routinely

allow the audience to ask questions after oral arguments, so long as the questions don’t pertain to the case at hand.

Road-facts.jpgAfter the Supreme Court’s case in Richmond, the Q&A allowed the public to lift the curtain on the court’s behind-the-scenes work. Dickson explained to an audience of about 75 that when sitting in Indianapolis, the court typically retires after arguments and confers. Justices talk about the case and get a sense of each justice’s views and where consensus may lie. After the Richmond arguments, justices planned to confer upon returning to the Capitol, Dickson told those who watched the arguments.

An audience member asked the justices how the court decides who will write an opinion. Justice Mark Massa said it’s a marker of the panel’s collegiality that a justice who earnestly wishes to write an opinion usually gets to do so. But he allowed that there are times when competing interests prevail.

Massa explained that he and justices Robert Rucker and Loretta Rush each recently wanted to write an opinion. A coin flip settled the matter. Rucker won. “Seniority,” he quipped to a laughing audience.

May said the COA attempts to arrange Appeals on Wheels arguments so that the panel judges hear cases in the regions from which they were appointed. Cases usually are selected for traveling arguments about a month in advance.

“One reason we use a lot of criminal cases for traveling oral arguments is the state attorney general’s office has been wonderful to deal with, as well as the public defender’s office,” she said. People at the venues, too, “are really excited to have us there, and they bend over backwards to make sure everything runs smoothly.”

At Indiana University East, students in the criminal law program helped out with the proceeding. Sophomore Stewart Homdrom had the honor of gaveling the court to order as a special bailiff. Before the arguments, he and fellow students passed out programs and directed guests.

“It’s a big event for such a small campus,” senior Christa Ginter said.

The events also provide justices an opportunity to visit with local colleagues and talk about some of the things happening in Indianapolis that people around the state might not be aware of. Dickson said justices also learn the concerns of attorneys, judges and legal professionals in areas where the court sets roving arguments.

It’s a big event for the legal community, too. “When’s the last time you’ve had an opportunity to put a bug in the ear of people from the Supreme Court?” Wayne Superior Judge Darrin Dolehanty said as attorneys and others mingled with justices before the arguments in Richmond.

“Could we go to the Statehouse and watch these? Sure,” Dolehanty said. “But not without taking away from work or school.”

As a matter of convenience, Dickson said the court often schedules traveling arguments to coincide with judges’ meetings around the state. That was the case in Richmond.

Robert Chamness, director of probation for Wayne County, said the justices have come to I.U. East on prior occasions, and those events have been popular with students and people in the legal community.

“It’s just an opportunity to get to see some of the things that happen at the Supreme Court level,” Chamness said.

“I think it’s exciting to have the justices come to Richmond,” said Jane Wynegar, whose practice in Wayne County primarily concentrates in trusts, wills and criminal law. “I think it gives the community a broader view of the legal system.”•

Click here to read a recap of the arguments in Richmond on the Wabash College hazing lawsuit.

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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