Appellate Clinic Students Prevail in Two Cases
February 19, 2010
Appellate Clinic students Beth Barnes and Shannon White won reversals for their clients in two recent Appellate Clinic cases.
Ms. White represented Jeffrey Tharp, who was convicted of invasion of privacy for violating a protective order. On February 18, the Court of Appeals concluded “ the State did not prove Tharp knew he was subject to an active order of protection” when Tharp was never provided written notice of the order or oral notice from an agent of the State. Read the opinion. White presented a very effective oral argument to the court last month. Watch the argument.
Ms. Barnes represented Daniel Kribs, who was convicted of possession of a firearm in an airport. In December, the Court of Appeals reversed the conviction, reasoning that “[m]ere forgetfulness does not satisfy the knowledge or intent requirement set out by the statute.” Read the opinion.
Attorneys from the Marion County Public Defender Agency who worked with the students had high praise for their work. Mike Fisher said, "Shannon White’s advocacy in Jeffrey Tharp v. State was superb. Her obvious grasp of the issues and her ability to respond to the Court’s questions were at the highest professional level. The client could not have received better representation."
The Appellate Clinic was created and is overseen by Professor Joel Schumm, '98. “The Appellate Clinic students have achieved outstanding results in a process where the likelihood of success for a Defendant/Appellant is quite daunting," according to Suzanne St. John an appellate attorney at the Marion County Public Defender Agency.
Ruth Johnson, the appellate administrator at the Marion County Public Defender Agency also had nothing but praise for the law school's students, "The Appellate Clinic is an asset to the Indianapolis community. The students get hands on experience in representing clients on direct appeal. The clients get excellent representation by advocates who approach each case with dedication and enthusiasm. The Marion County Public Defender Agency, Appellate Division, is delighted with the work of the Appellate Clinic."