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Dropped charges against former IURC chief won’t be appealed

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The state no longer is contesting the dismissal of official misconduct charges against former Indiana Utility Regulatory Commission Chairman David Lott Hardy.

Hardy’s attorney, David Hensel of Pence Hensel LLC, said time for the state to seek further review of court rulings dismissing the charges had expired, leaving to stand an April 29 Court of Appeals ruling.

Former Gov. Mitch Daniels fired Hardy after he was accused of allowing then-IURC administrative law judge Scott Storms to continue to hear Duke Energy cases even as Storms was trying to land a job with the utility. Hardy also was accused of having ex parte communications with Duke about its Edwardsport coal-gasification power plant project in 2010.

Hardy was indicted on Class D felony official misconduct charges by a Marion County grand jury in 2010, but Marion Superior Judge William Nelson later dismissed the charges. The state appealed the ruling.

The Court of Appeals affirmed dismissal of the charges. The appellate panel ruled that precedent and caselaw establish the official misconduct statute may not be applied without an underlying criminal offense, and there were none in Hardy’s case.

Hensel said the arguments that prevailed at the trial and appellate courts were the same that failed to dissuade Marion County Prosecutor Terry Curry from filing charges.
 
“Mr. Hardy is gratified that the Court of Appeals unanimously confirmed that he did not engage in any criminal conduct and upheld the dismissal of all charges against him,” Hensel said in a statement.

Bryan Corbin, spokesman for the Indiana attorney general’s office, said that because the Legislature amended the statute after charges against Hardy were dropped, any appeal would have applied only in his case.

 “After carefully reviewing the Indiana Court of Appeals’ April 29 decision that upheld dismissal of charges … and after consulting with the Marion County prosecutor, the Indiana attorney general’s office determined that an appeal to the Indiana Supreme Court is likely unwinnable even if the Court accepted the case for hearing, so it would not be appropriate to request transfer here,” Corbin said.



 

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  1. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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