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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. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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