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Wednesday, April 30, 2014

Ind. Courts - "Former regulator’s acts in Duke case not criminal, court rules"

Yesterday's COA opinion in State of Indiana v. David Lott Hardy is the subject of an Indianapolis Star story today by John Russell. Some quotes:

Marion Superior Court Judge William Nelson dismissed the charges last year, ruling that the actions no longer amounted to a crime. Although he scolded Hardy in the courtroom for a “definite betrayal of trust,” Nelson said the General Assembly made changes to the law in 2011 that invalidated the charges. The changes, recommended by the Indiana inspector general’s office, took effect more than a year after Hardy’s actions.

Indiana Attorney General Greg Zoeller appealed the dismissal, saying the law was not meant to be retroactive.

But the appeals court said the issue of retroactivity was not the main one to be decided. It simply ruled that the allegations against Hardy were administrative and ethical violations, not criminal violations, and therefore he could not be held to answer for a crime.

Zoeller is reviewing the ruling and has not decided whether to appeal to the Indiana Supreme Court, spokesman Bryan Corbin said.

Posted by Marcia Oddi on April 30, 2014 10:13 AM
Posted to Indiana Courts