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Vehicle forfeiture order affirmed despite state’s yearlong delay

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A convicted cocaine dealer failed to convince a panel of the Indiana Court of Appeals that summary judgment forfeiture of his yellow 2004 Hummer was a violation of trial rules, even though the state’s motion for summary judgment was in response to a court show cause order due to case inactivity for more than a year.

Pro se appellant Victor Hugo Mesa argued the forfeiture of his vehicle violated multiple rules and that he was entitled to a hearing before the forfeiture. The state alleged Mesa purchased the vehicle with proceeds from dealing cocaine.

Jackson Circuit Judge William E. Vance last June issued the forfeiture order on the state’s summary judgment hearing. The Court of Appeals affirmed Tuesday in Victor Hugo Mesa v. State of Indiana, 36A01-1308-MI-362, finding no merit in Mesa’s argument that he was entitled to a hearing or that the matter should have been dismissed.

“Because Mesa did not (1) properly request a summary judgment hearing, or (2) designate any evidence to show that there was a genuine issue of material fact regarding whether the vehicle was seizable under Indiana Code § 34-24-1-1(a)(3), the trial court did not err by granting summary judgment to the State,” Judge Rudy R. Pyle III wrote for the majority, joined by Judge Cale Bradford.

Judge Paul Mathias wrote a concurring opinion “to emphasize that Mesa’s complete failure to designate any evidence to contradict that designated by the State in its motion for summary judgment negated any reason for a hearing.”

The majority noted, however, that a case pending before the Indiana Supreme Court – Detona Sargent v. State, 985 N.E.2d 1108 (Ind. Ct. App. 2013), reh’g denied, trans. granted – was argued March 20 and involves forfeiture of a vehicle on summary judgment.   

 

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  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

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  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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