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State drops charge against woman held 154 days for 2-day sentence

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A Clark County woman improperly jailed more than 150 days was freed earlier this week when prosecutors discovered she was still being held after an order that she spend 48 hours in detention.

Records show the state moved Tuesday to dismiss a Class D felony charge of possession of a controlled substance against Destiny Hoffman, 34, of Jeffersonville. Hoffman was released Friday after spending 154 days behind bars. She had been sentenced to 48 hours after submitting a diluted drug screen.

The Odyssey chronological case summary in Hoffman’s case shows Clark Circuit No. 2 Judge Jerry Jacobi issued the 48-hour detention order Aug. 22, but the minute entry wasn’t recorded until Sept. 4. No subsequent activity is reflected in the case summary until the state moved Jan. 22 for an immediate status hearing upon discovering Hoffman’s detention.

The case was highlighted Tuesday on the American Bar Association Journal website. Hoffman intends to file a civil-rights lawsuit, according to her public defender, Nathan Masingo.

Masingo, appointed after the wrongful detention was discovered, told the News and Tribune of Jeffersonville that Hoffman was not represented by counsel when she was ordered jailed.

 

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  1. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  2. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  3. 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.

  4. 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?

  5. 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.

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