ILNews

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

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

ADVERTISEMENT