Friday, October 17, 2003
State court to convene at USI
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The Indiana Court of Appeals will hear oral arguments in the case of Kevin L. McCarty v. State of Indiana at 2 p.m. October 28 at University of Southern Indiana in Mitchell Auditorium in the Health Professions Center. A three-judge panel will be on the USI campus as part of an effort to bring the judicial system closer to the people it serves. The panel will include judges Melissa S. Mattingly-May (Evansville) and Michael Carr L. Darden (Indianapolis), and Chief Judge Sanford M. Brook (South Bend). The case is summarized as follows: “Kevin McCarty entered a plea of guilty to two counts of child molesting, then petitioned for post–conviction relief. He argues he had ineffective assistance of counsel at his sentencing hearing because his attorney did not inform the sentencing judge that McCarty was mentally impaired, had himself been molested as a child, and had a troubled family background. His petition was denied and he appeals.” It will be argued by appellant’s attorney Lisa Malmer Johnson, deputy public defender of Indianapolis, and appellee’s attorney Richard C. Webster, deputy attorney general of Indianapolis. Each side will be given 30 minutes to argue its case. The judges will ask questions during the presentation, take the arguments under advisement, and issue an opinion in the near future. Due to the “Code of Judicial Conduct,” the judges will not be able to answer any specific questions about the case but can respond to general inquiries about the legal system. The judges also will be available for photographs before or after the oral arguments. The Indiana Court of Appeals consists of 15 judges appointed by the governor to serve in Indianapolis. Appeals are assigned to rotating panels of three judges. Each panel has statewide jurisdiction. |
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