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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. 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.

  2. 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?

  3. 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.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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