Indianapolis Metropolitan Police Department v. Donald Prout - 4/10/14

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Thursday  April 10, 2014 
11:30 AM  EST

11:30 a.m. 49A04-1305-CR-236. Indiana University South Bend. In April 2012, Donald A. Prout was arrested and charged with four counts of class D felony theft based on evidence that he engaged in ghost employment with the Marion County Sheriff’s Department on four occasions.  The State alleged that Prout clocked in at the Sheriff’s Department and his part-time security job at the same time, and thus he received double pay for those hours reported to both entities.  Prout pleaded not guilty on all counts.  In September 2012, the State dismissed all charges against Prout, citing “Evidentiary Problems.”  In December 2012, Prout filed a verified petition for expungement of his arrest records pursuant to Indiana Code Section 35-38-5-1, asserting that expungement was appropriate because no offense had been committed and there was an absence of probable cause.  The trial court granted Prout’s petition.
On appeal, the Indianapolis Metropolitan Police Department (“IMPD”) argues that the trial court abused its discretion in granting Prout’s petition for expungement because probable cause existed both at the time of Prout’s arrest and at the time the charges were dismissed.  The parties argue about which time in the proceedings – at arrest or at dismissal – that probable cause is required under Indiana Code Section 35-38-5-1.  IMPD also asserts that Prout did not prove that he did not commit theft, which was his burden in the expungement proceedings.  Prout asserts that IMPD’s arguments are requests for this Court to reweigh the evidence and judge the credibility of witnesses.

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  1. Oh, the name calling was not name calling, it was merely social commentary making this point, which is on the minds of many, as an aside to the article's focus: https://answers.yahoo.com/question/index?qid=20100111082327AAmlmMa Or, if you prefer a local angle, I give you exhibit A in that analysis of viva la difference: http://fox59.com/2015/03/16/moed-appears-on-house-floor-says-hes-not-resigning/

  2. Too many attorneys take their position as a license to intimidate and threaten non attorneys in person and by mail. Did find it ironic that a reader moved to comment twice on this article could not complete a paragraph without resorting to insulting name calling (rethuglican) as a substitute for reasoned discussion. Some people will never get the point this action should have made.

  3. People have heard of Magna Carta, and not the Provisions of Oxford & Westminster. Not that anybody really cares. Today, it might be considered ethnic or racial bias to talk about the "Anglo Saxon common law." I don't even see the word English in the blurb above. Anyhow speaking of Edward I-- he was famously intolerant of diversity himself viz the Edict of Expulsion 1290. So all he did too like making parliament a permanent institution-- that all must be discredited. 100 years from now such commemorations will be in the dustbin of history.

  4. Oops, I meant discipline, not disciple. Interesting that those words share such a close relationship. We attorneys are to be disciples of the law, being disciplined to serve the law and its source, the constitutions. Do that, and the goals of Magna Carta are advanced. Do that not and Magna Carta is usurped. Do that not and you should be disciplined. Do that and you should be counted a good disciple. My experiences, once again, do not reveal a process that is adhering to the due process ideals of Magna Carta. Just the opposite, in fact. Braveheart's dying rebel (for a great cause) yell comes to mind.

  5. It is not a sign of the times that many Ind licensed attorneys (I am not) would fear writing what I wrote below, even if they had experiences to back it up. Let's take a minute to thank God for the brave Baron's who risked death by torture to tell the government that it was in the wrong. Today is a career ruination that whistleblowers risk. That is often brought on by denial of licenses or disciple for those who dare speak truth to power. Magna Carta says truth rules power, power too often claims that truth matters not, only Power. Fight such power for the good of our constitutional republics. If we lose them we have only bureaucratic tyranny to pass onto our children. Government attorneys, of all lawyers, should best realize this and work to see our patrimony preserved. I am now a government attorney (once again) in Kansas, and respecting the rule of law is my passion, first and foremost.

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