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Justices take forfeiture, adoption appeals

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The Indiana Supreme Court added to its docket a Marion County drug forfeiture case and a Lake County adoption matter.

Justices agreed to review Antonio Hughley, $3,861.00 in U.S. Currency and One (1) Buick, VIN# 4V37J7E133835 v. State of Indiana, The Consolidated City of Indianapolis/Marion County and The Indianapolis Metropolitan Police Department, 49S04-1406-MI-386.

In a five-page memorandum decision, the Court of Appeals affirmed summary judgment in favor of the state for seizure of cash found on Hughley. Authorities asserted the money was related to drugs seen in plain view as police searched his home for a suspect in a separate investigation.

Despite Hughley’s affidavit denying the cash was the proceeds of criminal activity, the appeals panel ruled summary judgment for the state was proper for the seizure of the money because the affidavit didn’t give rise to a genuine issue of material fact.  

Justices also granted transfer in In Re The Adoption of: J.T.D. & J.S. (Minor Children), Children to be Adopted and N.E. (Prospective Adoptive Parent) v. Indiana Department of Child Services, 49S04-1406-MI-386.

In that case, the Court of Appeals ruled that an adoption petition should remain in Lake Superior Court over the objection of the Department of Child Services. DCS had initiated termination of parental rights proceedings in juvenile court involving the children, and sought to transfer the adoption proceeding to juvenile court under the county’s case allocation plan.

The appeals court held, though, that the General Assembly had placed jurisdiction in adoption cases with probate courts, so keeping the matter in Superior Court was proper.

Justices denied transfer in 18 cases. Supreme Court transfer dispositions may be viewed here
 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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