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Sandhya Graves
Indiana Court of Appeals

Debbie O'Leary
Indiana University School of Law--Bloomigton

Last modified: Wednesday, September 17, 2008

Indiana Court of Appeals to hear oral argument at IU School of Law--Bloomington

Case originates in Elkhart County

Sept. 17, 2008

BLOOMINGTON, Ind. -- The Indiana Court of Appeals will hear oral argument in Mishler v. State on Monday, Sept. 29, at 6 p.m. in Moot Court Room 123 at the Indiana University School of Law--Bloomington. A panel composed of Chief Judge John G. Baker, Judge Edward W. Najam and Judge Paul D. Mathias will hear the case on appeal from Elkhart Superior Court.

The case involves statements and a videotaped interview allowed into evidence in a child molestation case. The appellant contends that the statements and interview failed to satisfy the admissibility requirements of Indiana Code section 35-37-4-6, the "Protected Person Statute," and that the admission of the victim's statements violated his right to confront witnesses testifying against him.

The Court will determine whether an error occurred in admitting the child victim's pretrial statements and videotaped interview into evidence at trial. Arguing for the appelllant, Paul L. Mishler, will be Juan Garcia Jr. of Garcia & Crawford LLC, Elkhart.

The Court hears oral argument at venues across the state to enable Hoosiers to learn about the judicial branch, and members of the audience are invited to ask questions about the judicial process in Indiana following the submission of the case. The Court regularly visits Indiana University School of Law--Bloomington. It has heard more than 200 oral arguments "on the road" at law schools, colleges, high schools and county courthouses since its centennial in 2000-01.

The Indiana Court of Appeals is the state's second-highest court. It reviews appeals from trial court decisions. A decision of the Indiana Court of Appeals is final unless granted further review by the Indiana Supreme Court. The majority of appeals filed in Indiana are decided by the Court of Appeals.

The 15 judges on the Court of Appeals issue more than 2,800 written opinions each year, sitting in three-judge panels. For more information about the Court of Appeals, visit For the Court's "Appeals on Wheels" initiative, as well as additional information on Mishler v. State, visit