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Woman evicted from apartment denied due process

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The Indiana Court of Appeals held that a woman was denied due process in small claims court when the court reporter presided over an initial hearing and ordered the woman to move out of her apartment.

Daniel Capps filed a small claims complaint against tenant Lisa Reynolds for ejectment, damages and rent. A trial date was set for Sept. 13, 2011. The complaint stated the claim would be heard by the court at a trial in Sullivan Superior Court.

No judge was present for the hearing; instead, it was conducted by the court reporter. No witnesses were sworn or evidence heard. The court reporter repeatedly said that evidence relating to the allegations would be heard later. The court reporter then gave Reynolds a pre-signed “initial hearing/judgment order” form requiring her to move out of the apartment.

At a damages hearing held by a judge Sept. 30, 2011, Reynolds was ordered to pay $975.

The appellate court was concerned that there was no transcript of the hearing and that the trial court judge, who was not present at the hearing, certified a statement of evidence for Reynolds from that hearing.

“It is an understatement to say that the hearing proceeded from the outset under the expectation that Capps was entitled to immediate possession of the premises,” wrote Judge Michael Barnes in Lisa Reynolds v. Daniel Capps, No. 77A05-1110-SC-567. “Even taking into account the informality of the small claims process, if the hearings on evictions are regularly conducted without a judicial officer present, we pointedly and directly express our concern and expect that situation to be remedied.”

The Sept. 13 hearing did not satisfy minimum due process requirements, including that a judge or someone authorized to do so preside over the hearing. Reynolds wasn’t allowed the opportunity to defend against the ejectment and then was given a pre-signed order. The judges reversed the trial court.

 

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  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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