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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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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