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Appellate Clinic Wins Case for Man Charged as a Habitual Traffic Violator

01/08/2013

Professor Joel Schumm, '98, director of the Appellate Clinic; and 2013 J.D. candidate Amy Beard, a certified legal intern, won an appeal in the Indiana Court of Appeals for their client who was not notified that his driving privileges had been suspended.

“The Appellate Clinic was an invaluable practical experience, which provided an opportunity to develop appellate advocacy skills,” Beard said. “It is rewarding to realize that this appeal may affect future Indiana law. I greatly appreciate the guidance and knowledge I received from Professor Schumm and the Marion County Public Defender Agency.”

The Indiana Court of Appeals, in Israel Cruz vs. State of Indiana, 49F24-1107-FD-48198, determined that the clinic client’s conduct was worthy of blame in that he knew he wasn’t supposed to drive yet did anyway, but that the evidence presented at the bench trial did not prove beyond a reasonable doubt that he knew he has been suspended by the BMV. The court reversed his conviction.


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