4 Judge Bradford, cont. She has received many other awards and honors including the 2004 Indiana State Bar Association’s Women in Law He is Chair of the Indiana Pro Bono Commission; a member Achievement Award, the 2007 Indiana Lawyer Distin- of the Indiana Bar Foundation and McKinney School of Law SYNOPSIS guished Barrister Award, the 2003 Paragon of Jus-tice Alumni Association Boards; a Senior Distinguished Fellow of Award from Valparaiso University Law School, and the the Indianapolis Bar Association; and teaches at various semi- Sagamore of the Wabash Award from two Indiana gover- nars on a variety of legal topics. From 2005 to 2007, Judge nors. Bradford hosted “Off the Bench with Judge Cale Bradford,” a Judge Vaidik and her husband are the proud parents of Court of Appeals of Indiana legal commentary program on Marion County’s government twin daughters, one a medical doctor and one a lawyer, ppellant-Defendant Deante Dal- access network. He also served on the Judicial Technology and and they have two grandsons, who can choose either pro- A ton challenges the sufficiency of Automation Committee (JTAC), helping to draft the state judi- fession. the evidence to sustain his conviction Hearing oral argument at ciary’s policies on technology and electronic case management. for felony murder. Judge Bradford currently serves as an adjunct instructor in fo- Judge Barnes, cont. In September of 2014, Brenda Marsh Hoosier Boys State-Trine University rensic science and the law at Indiana University Purdue Uni- lived in a home in Elkhart with her versity Indianapolis. Program from the Indiana Family & Social Services Ad- husband, Lewis; her four daughters, Judge Bradford is a former director of Indianapolis’s John P. ministration. Daosha, Laqwela, ZaCarra, and Za- Craine House, a residential alternative to incarceration for While Prosecutor, Judge Barnes was elected President of meshia; her son, Dramar; Laqwela’s Thursday, June 16, 2016 @ 1 p.m. women offenders with pre-school-aged children. Judge Brad- the National District Attorneys Association boyfriend, Norman Gray, and their in- ford regularly attends St. Luke's United Methodist Church. He (1995-1996), Chairman of the Board, Indiana Prosecuting fant son, Landon; Daosha’s young son, and his wife, a full-day kindergarten teacher, have five children. Attorneys Council (1982-1983, 1992-1993), President of Julian; and Brenda’s brother, Joe. The the St. Joseph County Bar Association (1992-1993), Na- family knew Freddie Rhodes, who was tional Board of Trial Advocacy (1995-1996), National Advi- a cousin of two of Brenda’s daughters sory Council on Violence Against Women (1997), Chair- on their father’s side of the family. The man of the Board of Regents, National College of District family also knew Dalton, whose mother Attorneys (1997-1998), American Prosecutor’s Research was related to Brenda’s cousin and who Judge Vaidik, cont. Institute (1997-1998), and Pvarious other professional and was a year ahead of ZaCarra in school. civic organizations. Both Rhodes and Dalton, who were Award. The Indiana Victim Assistance Net-work honored him friends, had previously been to the Judge Vaidik was appointed to the Court of Appeals in Febru- with its Special Advocate Award in 1989, and in 1998 he family’s home. The family also knew ary 2000 by Governor Frank O’Bannon and was retained by received the Eugene “Shine” Feller Award from the Indi- who Dretarrius Rodgers was, as he had election in 2002 and 2012. Because Judge Vaidik sees the ana Prosecuting Attorneys Council. lived in their neighborhood when he Court of Appeals at the intersection of theoretical and practical Judge Barnes supports a wide range of community or- was younger. law, she believes the Court should embody the highest degree ganizations, especially those that serve vulnerable popula- At approximately 10:30 p.m. on the of fairness and impartiality. tions. He is a longtime supporter of the LOGAN Center’s evening of September 14, 2015, Brenda This view informs her passion for teaching, as she feels that annual Nose-On campaign and in 1986 received its Joseph left the family’s residence to drive her Hoosiers, and all litigants, deserve the finest possible legal ad- J. Newman Award for Com-mitted and Outstanding Advo- mother home. While Brenda was gone, vocates on their behalf. Judge Vaidik also believes that legal cacy on Behalf of Developmentally Disabled Individuals. Dalton, Rhodes, and Rodgers arrived writing must be distinguished by logical construction and clear, He also has served on the boards of the St. Joseph Coun- together at the family’s home in explanatory prose. ty Chapter of the American Cancer Society and the Alco- Rhodes’s silver Chrysler 300. Dalton, She is an adjunct professor at the Indiana University Mauren holism Council of St. Joseph County. Rhodes, and Rodgers went to the fami- School of Law and won its 2011 Adjunct Professor of the Year Judge Barnes is a member of the Indiana Bar Founda- ly’s home “fit’n on trying to rob some- Award. She has served as a visiting professor at the College of tion, the St. Joseph County Bar Association, the Indiana one.” Law of England and Wales and taught as an adjunct professor State Bar Association, and the Illinois State Bar Associa- Upon entering the family’s residence, at Valparaiso University Law School. She has taught at many tion. Dalton was wearing a ski mask. law schools and for a number of organizations including the Judge Barnes is married to Alberta Barnes, a retired edu- Rhodes and Rodgers wore bandanas Indiana State Bar Association, the Indiana Legal Education cator. They are the parents of two sons, Tim and John. over their faces. Rodgers also wore a Forum, and the Indiana Judicial Center. Tim is an attorney in Washing-ton, D.C. John is a TV pro- glove on his left hand. All three men Judge Vaidik has trained lawyers involved in prosecuting ducer at NBC Sports. John and his wife, Bess, are the par- were armed with firearms. Dalton re- Rwandan war crimes, Mexican lawyers prosecuting drug lords, Dalton v. State of Indiana ents of the world’s most perfect granddaughter, Addison mained on the main level of the fami- and solicitor advocates seeking the rights of audience in the Emily. He lives in South Bend and is an avid baseball fan ly’s home while Rhodes and Rodgers High Courts in Belfast, Northern Ire-land. She is particularly and reader. went downstairs to the lower level. proud of her long association with the National Institute of Tri- 20A05-1508-CR-01098 After going downstairs, Rhodes and al Advocacy, which honored her with its 2007 Robert Keeton Rodgers kicked in the door to the bed- Faculty Award. room Laqwela and Norman shared Despite her Court of Appeals case-load and her teaching, with their infant son. Rhodes and On Appeal from Elkhart Circuit Court Judge Vaidik is also actively involved in a wide variety of com- Rodgers pointed their firearms at munity, legal, and judicial organizations. She served on the Laqwela who was holding her son, and The Honorable Terry C. Shewmaker, Judge State of Indiana Children’s Peak Performance Commission and Norman, asking "where is the stuff". has held many posts with the Indiana Judges Association and Laqwela attempted to flee upstairs to Indiana Judicial Center. She has been chairperson of the Judi- safety with her son, but remained cial Edu-cation and Community Relations Committees of the downstairs after she saw Dalton stand- Indiana Bicentennial 1816-2016 Indiana Judicial Center and is a member of the American Bar ing at the top of the stairs Association, Indiana State Bar Association, and Sagamore Inns pointing his firearm down at her. of Court. In an effort to protect Laqwela and their son, Norman told Rhodes and - continued on p. 2

2 3 Synopsis, cont. injuries. Attorneys for the Parties Rodgers, on the other hand, collapsed Rodgers that the stuff was in the laun- For the Appellant Today’s Panel of Judges at the bottom of the stairs and died. dry room under the dryer. Rhodes Ross Graham Thomas is a criminal and Rodgers proceeded to the laundry Rodgers's cause of death was later de- defense lawyer in private practice in Indian- room. While Rhodes and Rodgers termined to be multiple gunshot apolis, Indiana. He received his bachelor’s attempted to overturn the dryer, Nor- The Honorable wounds, one of which completely tran- degree in Political Economy from Tulane The Honorable The Honorable man turned off the lights, grabbed University in New Orleans, Louisiana in Nancy H. Vaidik. Rodgers, and began tussling and wres- sected the jugular vein before cutting Cale J. Bradford Michael P. Barnes through the esophagus and the right 1992 and his law degree from the Indiana tling with him. University School of Law-Indianapolis in The tussle between Norman and lung. Porter County 1994. He was admitted to the Indiana bar Marion County St. Joseph County Rodgers carried them out of the laun- Later that evening, police located in 1995. He is also admitted to practice in dry room, into ZaCarra’s downstairs Rhodes’s vehicle. The family’s blue the United States District Courts for the bedroom, and into a downstairs family laptop computer was recovered from Northern and Southern Districts of Indiana, room. ZaCarra, who was hiding in her inside the vehicle. Police also recov- as well as the United States Court of Ap- closet, and Laqwela both heard two peals for the Seventh Circuit. His practice sets of gunshots, with one set sound- ered more gloves similar to the one that Cale J. Bradford was appointed to the Nancy H. Vaidik is a judge and a Michael P. Barnes was appointed to the is focused on major felony criminal defense Court of Appeals by Governor Mitch teacher with broad experience in both Court of Appeals of Indiana in May 2000 ing louder than the other set. At some Rodgers wore during the incident as in state and federal courts at both the trial point during the tussle, Norman was Daniels and took his seat on Au-gust 1, trial and appellate courts and in legal after long service as the St. Joseph Coun- well a backpack containing Rhodes’s and appellate levels. 2007. classrooms. She has an expertise in ty Prosecuting Attorney. He was retained shot four times in the chest, hip, hand, identification from the trunk of and shoulder. Rogers was also shot in For the Appellee Prior to his elevation to the Court of trial advocacy and appellate advocacy, on the Court by election in 2002 and the neck, wrist, hip, and buttock. Rhodes’s vehicle. Dalton subsequently Appeals, Judge Bradford served for with a strong background in the rules 2012 and served as Presiding Judge of Ellen H. Meilaender is a Deputy At- more than 10 years as Judge of the of evidence and legal mediation. the 3rd District from 2009 through 2011. Meanwhile, Brenda had returned admitted to police that he had gone to torney General for the State of Indiana and home and recognized Rhodes’s vehi- Marion Superior Court, seven years in Judge Vaidik was selected by her In 2012 he wrote 144 majority opin- the Marsh family’s home with Rhodes has served in the Indiana Attorney Gen- cle. After entering through her front the criminal division and three in the colleagues as chief judge of the Court ions for the Court of Appeals. and Rodgers to perpetrate a robbery, he eral’s Office since 2000. She is a supervis- civil division. He was twice elected pre- of Appeals for a three-year term begin- Judge Barnes was born and raised in door, Brenda was confronted by Dal- had been inside the home while the ton, who pointed his firearm at her ing attorney in the Criminal Appeals Sec- siding judge by his colleagues. ning Jan. 1, 2014. rural Illinois. He earned a B.A. in His- During this tenure, Judge Bradford Judge Vaidik grew up in Portage, tory at St. Ambrose College in Daven- and told her to “sit the f[***] down.” attempted robbery took place, and he tion of the Appeals Division. Ms. Mei- Brenda, recognizing Dalton by his knew Rogers was armed during the chaired the Marion County Criminal Indiana, and is a sixth-generation port, IA in 1970 and received his J.D. in laender has written over 1250 appellate Justice Planning Council, a group of Hoosier who retains strong ties to her 1973 from the University of Notre Dame eyes, initially responded, “little boy, commission of the attempted robbery. briefs and has presented oral argument be- this is not Halloween, you know, stop local elected and appointed officials home town. She graduated with high Law School. On September 17, 2014, the State fore the Indiana Supreme Court and Indi- who recommended ways to improve the distinction from Valparaiso University He practiced law from 1973-78 at the playing.” However, when Dalton re- charged Dalton with felony murder. peated his command for her to “sit the ana Court of Appeals over 70 times. She county’s response to criminal justice in 1977, with a double major in politi- South Bend law firm of Voor, Jackson, f[***] down[,]” Brenda realized that Following trial, which was conducted has also co-authored briefs filed in the Su- problems, including jail overcrowding, cal science and psychology, and then McMichael and Allen, while also serving Dalton was serious and complied with over the course of a number of days staffing, and budget issues. His efforts studied at Valparaiso University Law as Deputy Prosecuting Attorney. Voters preme Court of the United States, including led to the end of 30 years of federal School, where she earned her Juris chose him in 1978 to be the St. Joseph his order. Dalton, who was holding between June 15 and June 22, 2015, the an amicus brief relied upon by the majority the family’s blue laptop computer un- oversight of the Marion County Jail and Doctor in 1980. County Prosecuting Attorney, an office jury found Dalton guilty as charged. opinion in the Court’s 2009 Oregon v. Ice to security improvements at the coun- Her early years as deputy and then he held for 20 years over five elections. der his arm, asked Brenda if anyone The trial court subsequently sentenced else was with her. Brenda responded decision. Ms. Meilaender received her B.A. ty’s Juvenile Detention Center. chief deputy Porter County prosecutor While prosecutor, he oversaw a staff of Dalton to a term of fifty-five years. in the negative. As Dalton was hold- with a major in political science and a mi- Before joining the bench, Judge Brad- provided the grounding for her judicial 65 and spearheaded development of the ing her at gunpoint, Brenda could The parties will present arguments per- ford served in the Marion County Pros- career. As an attorney, she tried over CASIE Center for child victims of physi- nor in history from Wittenberg University ecutor’s Office for two years, overseeing seventy-five jury trials and founded cal and/or sexual abuse, which continues hear a scuffle and loud noises coming taining to whether the evidence is suffi- in 1997, and her J.D. from the Maurer from downstairs. She then heard four a staff of more than 100 attorneys. For the Porter County Victims Assistance to serve the community. Judge Barnes cient to prove that Dalton actions School of Law at Indiana University – to five loud gunshots fired in rapid five years, he was an Assistant United Unit, the Porter County Sexual Assault also created a domestic and family vio- caused or contributed to Rodgers’s Bloomington in 2000, where she served as States Attorney for the Southern Dis- Recovery Project, the Domestic Vio- lence unit in the Prosecutor’s office and succession, followed by the sound of death or set in motion a series of events two or three softer gunshots and the an Articles Editor on the Indiana Law Jour- trict of Indiana, prosecuting major felo- lence Service, and the Valparaiso Uni- launched a pretrial di-version program ny drug trafficking cases. He engaged versity Law School Mediation Clinic. for nonviolent misdemeanor offenders sound of footsteps coming up the that could reasonably be expected and nal. stairs. did, in fact, result in Rodgers’s death. in the private practice of law from 1986 She also served on the Porter County that served as a mod-el for successful to 1991, and served as both a deputy Community Corrections Board and led state legislation. The domestic and fami- Rhodes, who was still holding a fire- arm, ran upstairs, tapped Dalton on prosecutor and public defender during a countywide task force that spear- ly violence unit focused solely on crimes the shoulder, and said “let’s go, let’s On the Road with the Court his career. headed the eventual construction of a against women and children, including Appeals on Wheels shines a light on A native of Indianapolis, Judge Brad- new county jail. After serving as a abuse and neglect. go, let’s go.” Dalton then ran from the family’s home, taking the family’s lap- the real-world legal is-sues that Ap- ford received a B.A. in labor relations prosecutor, she went into private prac- Judge Barnes personally tried more top with him. Brenda immediately and personnel management from Indi- tice and specialized in domestic rela- than 25 murder and other major felony peals Court judges must decide. Audi- ana University-Bloomington in 1982 tions, probate, municipal law, and cases while overseeing a staff of 12 to 15 called 911. Upon retreating from the ences also get to observe skilled legal family’s home, Rhodes got into the and his J.D. from the McKinney School general litigation. She represented deputy prosecutors. driver’s seat of his vehicle and Dalton arguments and advocacy by some of of Law-Indianapolis in 1986. He is the Caring Place, Inc., a shelter for bat- His efforts to collect delinquent child got into the front passenger seat. As Indiana’s best lawyers, against a back- Court of Appeals Mission Statement Court of Appeals' liaison to the Indiana tered women in Valparaiso. support payments garnered more than Rhodes drove away, Dalton fired mul- drop of case-specific facts and statutory Judges Criminal Instructions Commit- From 1992 to 2000, she served as $100 million for children in St. Joseph To Serve All People tee, which provides guidance to judges the judge of the Porter Superior Court. County. For those efforts, he received the tiple gunshots toward the home, one and constitution-al law. by Providing Equal Justice on jury instructions in criminal cases, During her tenure on the trial court, Regional Director’s Citation in 1989 and of which went through the door frame The Court has conducted hundreds of and several others of which went Under Law and a former member of both the Indi- Judge Vaidik was awarded a wide 1998 for innovative and effective child Appeals on Wheels oral arguments through the front windows. ana Judges Criminal Policy Committee range of honors including the 1996 support enforcement from the U.S. De- Norman, who was bleeding heavily, since its 2000-2001 centennial. Today’s and the Board of Directors of the Indi- Indiana Domestic Violence Coalition partment of Health and Human Services, was able to make it up the stairs be- argument is the 21st such event this ana State Judicial Conference. Judge of the Year and the 1997 Indi- and in 1995 received the State Director’s - continued on p. 4 ana Judges Association Special Merit Award for Outstanding Child Support fore collapsing at the front door. He year. - continued on p. 4 continued on p. 4 subsequently recovered from his