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Saturday, March 24, 2007

Ind. Courts - Reports of Court of Appeals oral arguments at Valparaiso University [Updated]

From James D. Wolf Jr. of the Gary Post-Tribune:

VALPARAISO -- The government of the people, by the people and for the people traveled to meet the people as the Indiana Court of Appeals held oral arguments at Valparaiso University Law School on Friday.

Three judges -- Nancy Vaidik, Michael Barnes and Terry Crone -- heard arguments on whether Barber vs. State had sufficient evidence to convict the defendant of reckless homicide in a car accident.

The appeal, from Marion County, was the 179th argument heard "on the road" and the fifth at VU since the court began bringing cases to colleges, high schools and county courthouses after its 2001 centennial. * * *

The arena-style classroom was standing room only as defender and prosecutor made arguments and the judges questioned logic and precedents. * * *

Prosecutor Cynthia Ploughe said she likes people's reactions "because it's so different than what you see on TV." Even law students are surprised it is more brainstorming than adversarial.

Among the public was Vaidik's mom, Elaine Harris of Portage.

"She has been coming to my gymnastic meets, my dance recitals and everything else, and now she comes to my oral arguments," Vaidik said as she introduced her.

From Jean Starr of the NWI Times:
Judge Nancy Vaidik returned to the bench in Valparaiso on Friday -- not only to hear arguments in a homicide case but also to open up the judicial process to the public.

Vaidik, a former Porter Superior Court judge, was part of a three-member Court of Appeals panel that heard oral arguments in Valparaiso University law school's Wesemann Hall in the case of a fatal 2004 traffic accident.

Vaidik and judges Michael P. Barnes and Terry A. Cronek [ILB- see note at end of entry] listened as both sides presented their arguments in the case of (Benton) Barber v. State.

Ruth Johnson, of the Marion County Public Defender Agency, represented Barber, and Deputy Attorney General Cynthia Ploughe argued the state's case.

Last year, Barber was charged with and convicted of two counts of reckless homicide and one count of failure to stop after an accident resulting in death, both Class C felonies. He was given two consecutive maximum sentences of eight years for the two homicides and eight years for failing to stop.

Barber filed an appeal challenging both the sufficiency of the evidence supporting his convictions and the sentence.

Ploughe argued that Barber drove recklessly, committing several traffic violations leading up to the crash, in which the other driver swerved into oncoming traffic.

At the conclusion of the arguments, the three judges remained to answer questions of the audience about the judicial process. * * *

A member of the Indiana Court of Appeals since 2000, Vaidik attended Valparaiso University and served as a judge in Porter Superior Court from 1993 to 2000.

Vaidik said the most successfully argued cases are presented by attorneys who are ready to address issues that aren't outlined in the brief. The open dialogue set up in the oral arguments gives attorneys the opportunity to get into the judges' brains.

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Note: Of course it is "Crone", not "Cronek", but, coming from NW Indiana, I can tell you that the new spelling gives the judge's name a nice regional twist.

[Updated 3/26/07] The Indiana Court of Appeals will hold oral argument in the case Sergio Campos v. State of Indiana on Thursday, March 29th at 2:00 p.m. CT at the University of Southern Indiana in Evansville. See the Court's press release here, and an earlier ILB entry here.

Posted by Marcia Oddi on March 24, 2007 05:28 PM
Posted to Indiana Courts