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. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...