News Archive
Judge Posner Makes Mention of Professor Schumm's ILR Article in Opinion
02/24/2016
Judge Richard Posner refers to an Indiana Law Review article written by Professor Joel Schumm in a decision in the case United States v. Gregorio Paniagua-Garcia, which was decided February 18.
The article, tiled “Recent Developments in Indiana Criminal Law and Procedure,” 45 Indiana L. Rev. 1067 (2012) notes that Indiana statute prohibits Indiana drivers from using cell phones to send or read text or email messages, but that all other cell phone uses abide with state law. In this case, a police officer saw Paniagua-Garcia was holding cell phone and “appeared to be texting.” The driver agreed to a search of his car, and the officer found five pounds of heroin. Paniagua-Garcia pleaded guilty to the heroin possession, but reserved the right to appeal for an unlawful traffic stop. The opinion points out how unenforceable Indiana’s law is compared to Illinois, which has a hands-free provision regarding cell phones in its statute.
Professor Schumm is a magna cum laude graduate of the law school, and director of the IU McKinney Appellate Clinic. In addition, he is director of the Judicial Externship Program, and director of Experiential Learning at the law school.
