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Insurance credit in criminal restitution case affirmed

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A woman who pleaded guilty to drunken driving and was ordered to pay restitution to a victim hurt as a result of a crash was entitled to use insurance proceeds to pay the court-ordered damages, the Court of Appeals ruled Friday.

The court affirmed an Allen County judgment in Randolph Kelley v. State of Indiana and Paige A. Devlin, 02A03-1308-CR-329. Paige Devlin pleaded guilty to Class D felony operating a vehicle while intoxicated causing serious bodily injury and misdemeanor illegal consumption of alcohol. She was ordered to pay $59,974 in restitution due to serious injuries Randolph Kelley suffered after his car and Devlin’s collided.

In a related civil suit, Kelley agreed to settle with Devlin for her $50,000 insurance policy limit. Over Kelley’s objections, the civil court ruled that Kelley had signed an unambiguous release and Devlin was entitled to a $50,000 credit based on the insurance payment, leaving an outstanding restitution amount of $9.974.87.

“(W) e conclude that the criminal court did not commit reversible error when it granted Devlin a credit toward the restitution order based on her insurer’s payment of damages pursuant to a civil settlement," Judge Ezra Friedlander wrote for the court.
 

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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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