State of Indiana v. David Lott Hardy - 3/31/14

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Monday  March 31, 2014 
10:00 AM  EST

10 a.m. 49A02-1309-CR-756. The State appeals the trial court’s dismissal of its four charges of Class D felony official misconduct against David Lott Hardy (“Hardy”), the former Chairman of the Indiana Utility Regulatory Commission.  The bases for the charges were four of Hardy’s actions between 2008 and 2010 that allegedly violated Indiana law, including a violation of Indiana ethics laws, a civil law infraction, and two violations of administrative regulations.  Under a previous version of Indiana’s official misconduct statute, Ind. Code § 35-44-1-2 (2010), the State could charge a public servant with official misconduct for “knowingly or intentionally perform[ing] an act that the public servant [was] forbidden by law to perform.”  Historically, the phrase “forbidden by law” included administrative and civil violations such as the ones for which the State charged Hardy.  However, in 2011, the Indiana Legislature amended I.C. § 35-44-1-2 so that a public servant could only be charged for “an offense” committed “in the performance of the public servant’s official duties.”  Pursuant to I.C. § 35-31.5-2-215 and I.C. § 35-31.5-2-75, the term “offense” only encompasses felonies or misdemeanors.  The trial court dismissed the charges against Hardy because it determined that this amendment was remedial in nature and applied to Hardy retroactively, even though his alleged violations occurred before the amendment.  On appeal, the State disputes the trial court’s interpretation of the amendment as remedial and its dismissal of the State’s charges based on a retroactive application of the amendment.

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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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