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

Back to TopPrintE-mail
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.

Back to Events
Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Compromising precious constitutional rights in order to protect them? Rather like the military intelligence slogan that the town had to be destroyed in order to save it. Looks like Joseph, Mary and Baby Jesus will have quite the eventful Boxing Day this year. Wise men will arrive to find no one to accept their gifts? Oh well, wisdom not all that desired this xmas anyway. Maybe the ACLU and Christian attorneys can work out a "three days every third year" visitation compromise and all of this messy litigation stuff can just be boxed up as well? It is an art form, now isn't it? Thomas More, a man of manifold compromises is undoubtedly cheering on wildly.

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

ADVERTISEMENT