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[APPEALS]Fort Wayne oral argument features Sixth Amendment challenge
Start Date: 10/15/2012Start Time: 12:00 AM
End Date: 10/15/2012End Time: 11:59 PM
Entry Description

INDIANAPOLIS – The Court of Appeals of Indiana will hear oral argument in Young v. State on Monday, Oct. 22 at 10 a.m. in Allen Superior Courtroom 1, Fort Wayne. A panel of Judges Nancy H. Vaidik, Paul D. Mathias and Michael P. Barnes will hear the case on appeal from Elkhart Superior Court.

The public is invited to the oral argument and subsequent Q/A with the judges, who will answer general questions about the law and the judiciary, but not about this case.

Reporters may ask the court’s permission to record or photograph the argument. All requests must be faxed to the Court Administrator (317-233-4627) at least 48 hours before the argument. If authorized, newsgatherers must comply with all requirements of the Indiana Supreme Court’s order on oral argument coverage.

About this case: James Young appeals his conviction for Class D felony domestic battery and Class D felony strangulation following a jury trial. Young’s wife, the victim, did not testify at trial, but two firefighters and a police officer who had spoken with her at or near the time of the incidents involved were allowed to testify concerning the substance of the statements she made to them.

Young presents the following issues for review on appeal: (1) whether the firefighters’ and police officer’s testimony regarding the victim’s statement to them was a violation of the Confrontation Clause within the Sixth Amendment of the Constitution of the United States or permissible questioning during an ongoing emergency; (2) whether the trial court abused its discretion in concluding that the victim’s statement to the police officer, more than 45 minutes after the incidents, was an excited utterance; and (3) whether there was sufficient evidence to prove that Young committed the offenses in a child’s physical presence so as to elevate the domestic battery offense to a Class D felony.

The Court of Appeals hears oral arguments across Indiana to enable Hoosiers to observe the court in action and learn more about its indispensable role in Indiana government. Since its 2001 centennial, the court has heard more than 325 “Appeals on Wheels” at law schools, colleges, high schools and other venues.

The court is conducting this argument in Fort Wayne by invitation from the Allen County Bar Association.

For more information about “Appeals on Wheels” or Young v. State, please visit courts.in.gov:OralArguments.

# # #

Contact Information:
Name: Martin DeAgostino
Phone: 317-234-4859
Email: martin.deagostino@courts.in.gov
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Entry Type:
Press Release
Entry Category:
  • Announcements
  • Oral Arguments
  • IN.gov Category:
  • Law & Justice
  • Agency Name
    Courts, Indiana

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