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Monday, May 21, 2012

Ind. Decisions - Court of Appeals issues 1 today (and 16 NFP)

For publication opinions today (1):

In Dante Adams v. State of Indiana, a 6-page opinion, Judge Najam writes:

Dante Adams appeals the trial court’s order transferring $25,000 in cash seized from Adams to federal authorities. Adams raises a single issue for our review, namely, whether the trial court properly ordered the State to transfer the money to federal authorities. We affirm. * * *

Here, there is no serious question that the facts underlying the search of Adams’ car and the seizure of his cash were supported by probable cause and were, therefore, lawful. Indeed, this otherwise centerpiece argument seems so indisputable that Adams’ attorneys instead focus their appellate arguments on the fact that “Indiana’s forfeiture statute requires the State to demonstrate a nexus between the property sought by the State in the forfeiture and the underlying drug offense.” That is all well and good, see, e.g., Serrano v. State, 946 N.E.2d 1139, 1143 (Ind. 2011), but, as the State correctly notes in its brief, this case does not involve Indiana’s forfeiture statutes. It involves the turnover statute and, as described in Membres, that statute requires consideration only of the lawfulness of the seizure. The lawfulness of a seizure, in turn, is dependent on probable cause, which is not disputed in this appeal. Accordingly, Adams cannot demonstrate that he was prejudiced by the trial court’s transfer order, and we affirm that order.

NFP civil opinions today (2):

Sally G. Leonard and Indiana Farm Bureau Insurance, as Subrogee of Sally G. Leonard v. Brandon Vickers, and Weaver Heating & Cooling, Inc. (NFP)

Richard E. Stanbrough v. Bank of America National Assn. as Successor by Merger to LaSealle Bank National Assn., et al. (NFP)

NFP criminal opinions today (14):

Wayne A. Moorefield v. State of Indiana (NFP)

James Pierce, Jr. v. State of Indiana (NFP)

Johnathon Gregg v. State of Indiana (NFP)

James Gerald v. State of Indiana (NFP)

Alex Gregory Robertson v. State of Indiana (NFP)

Kenneth E. Russell v. State of Indiana (NFP)

Cassy Henry v. State of Indiana (NFP)

Brett Lyle Rork v. State of Indiana (NFP)

Julio Chavez v. State of Indiana (NFP)

Monwell Douglas v. State of Indiana (NFP)

Buster Joel Toschlog v. State of Indiana (NFP)

Christopher D. Richardson v. State of Indiana (NFP)

Joseph Jesse Clark Smith v. State of Indiana (NFP)

Demetrus Weems v. State of Indiana (NFP)

Posted by Marcia Oddi on May 21, 2012 12:50 PM
Posted to Ind. App.Ct. Decisions