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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. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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