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COA reverses order requiring victim to pay attorney fees

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A man who claims he was struck by a vodka bottle that resulted in 18 stitches won’t have to pay attorney fees to a woman against whom he had been awarded a protective order, the Court of Appeals ruled Tuesday, reversing a lower court order.

Richard Troy Dunno was granted a protective order on Dec. 22, 2011, a day after he told an Allen Superior magistrate that Ronalee Rasmussen hit him with the bottle. The P.O. was issued ex parte.

Dunno failed to appear at a hearing in February at which time the order was dismissed. Rasmussen presented evidence that she wasn’t the person responsible for the offense and asked the court for attorney fees, which were granted in the sum of $500. Prior to the appeal in Richard Troy Dunno v. Ronalee Rasmussen, 02A03-1207-PO-310, Dunno’s motions to correct error at the trial court failed.

“Dunno argues that “[a]llowing the trial court to award attorney fees against someone petitioning for a protective order would undoubtedly have a chilling effect and cause some victims of domestic violence to forgo making a legitimate plea for protection,” Judge Elaine Brown wrote for the unanimous panel. “Dunno also claims that the record does not support an attorney fee assessment under Ind. Code § 34-52-1-1(b).”

Finding that his claim was not frivolous or in bad faith, “We conclude that Dunno has made a prima facie showing that the award of attorney fees was improper,” Brown wrote. “We reverse the trial court’s judgment ordering Dunno to pay Rasmussen’s attorney fees.”


 

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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