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COA reversal of truck forfeiture allows movie fan to drive off into the sunset

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In a reversal of a trial court’s ruling, the Indiana Court of Appeals held that a man who pleaded guilty to selling pirated movies should not have had his truck taken by the state because violating copyright is not the same as stealing goods.

Michael Curtis contended the trial court abused its discretion by denying his Indiana Trial Rule 60(B) motion for relief from judgment following the forfeiture of his truck. The COA reversed and remanded with instructions after finding Curtis had “established extraordinary circumstances” justifying relief in Michael L. Curtis v. State of Indiana, 49A02-1203-MI-271. 

In December 2009, the state charged Michael Curtis with four counts of Class D felony fraud for selling pirated movies from his truck. It later filed a compliant for forfeiture of Curtis’ truck under I.C. 34-24-1-1(a)(1)(B) (2009) which allows the seizure of vehicles if they are used to transport any stolen property worth $100 or more.

Curtis pleaded guilty in February 2011 to one count of fraud.

The state then filed a motion of summary judgment in the forfeiture action. The trial court granted the state’s motion and ordered the truck taken.

Subsequently, Curtis filed a Motion for Relief from Judgment Pursuant to Trial Rule 60(B)(1), (3), or (8). In the motion, Curtis again stated his attorney did not notify him of the forfeiture order. He also challenged the forfeiture on the grounds that the pirated movies did not constitute stolen property, specifically citing  Dowling v. United States, 473 U.S. 207, 105 S. Ct. 3127, 87 L Ed. 2d 152 (1985).

The trial court denied the motion without a hearing. Curtis appealed, contending the trial court abused its discretion by denying his motion for relief from judgment.

The COA agreed with Curtis. It found, as Dowling held, that the property rights of a copyright holder are different than the same rights of an owner of goods, wares or merchandise. It also pointed to I.C. 34-24-1-1(a)(1)(B) which, the court held, clearly allows forfeiture in cases of theft or conversion but says nothing about copyright infringement or even fraud.

Since the forfeiture of the truck was not authorized by the statute, the COA concluded that Curtis had established extraordinary circumstances justifying relief.

 

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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