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Wednesday, May 31, 2006

Ind. Decisions - "Bondsman loses lawsuit against Hammond"

Fortunately, the Munster (NW Indiana) Times has a story today about a Court of Appeals decision yesterday, Herbert Smith v. City of Hammond, that I had trouble following and listed without a summary yesterday.

Unfortunately, the Times story is also very confusing, including perhaps confusing the Court of Appeals and the trial court.

The story, by Joe Carlson, is headlined "Bondsman loses lawsuit against Hammond: Man may face sanctions for 'hopeless litigation'". Some quotes:

Gary bail bondsman Herb Smith was dealt yet another legal setback Tuesday in his long-running fight to change the bail laws in Indiana.

Not only did the Lake Superior Court [sic.] reject Smith's numerous arguments on appeal, but they ordered a lower court to consider formal sanctions against him for persisting in what one court called "this hopeless litigation."

The story continues:
In the latest action, Smith had sued Hammond City Court Judge Jeffrey Harkin, saying the judge's across-the-board mandate for 10 percent cash bail violated the state constitution, among other allegations.

As a bondsman, Smith stands to lose income if the courts refuse to accept bail bonds, as Harkin does. But he can't sue the judge for a loss of income because of it, Lake Superior Court Judge Gerald Svetanoff wrote in Tuesday's opinion.

Perhaps both the trial judge and Chief Judge Kirsch wrote an opinion on the same day? I'm still confused.

Posted by Marcia Oddi on May 31, 2006 08:01 AM
Posted to Ind. App.Ct. Decisions