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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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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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