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Thursday, January 29, 2015

Ind. Decisions - Court of Appeals issues 1 today (and 5 NFP) [Corrected]

For publication opinions today (1):

In State of Ind., Consolidated City of Indianapolis/Marion Co., et al v. El Rodeo #11, Llc., a 10-page opinion, Judge Mathias writes:

El Rodeo #11’s property was seized by and located in Tippecanoe County when the Marion County Prosecutor’s Office filed its November 21, 2013, complaint for forfeiture. Therefore, the Marion County Prosecutor’s Office could not meet the statutory requirements for filing a forfeiture complaint under either Indiana Code section 34-24-1-3 or Indiana Code section 34-24-2-2. * * *

We reverse and remand this case to the trial court with instructions to grant Marion County’s motion to dismiss its forfeiture complaint against El Rodeo #11, and we vacate the trial court’s order granting El Rodeo #11’s motion to return insurance proceeds.

NFP civil opinions today (1):

Thomas R. Cox v. Indiana Bureau of Motor Vehicles (mem. dec.)

NFP criminal opinions today (4):

Samuel L. Hobbs, Jr. v. State of Indiana (mem. dec.)

P.A. v. State of Indiana (mem. dec.)

Deaundra Patterson v. State of Indiana (mem. dec.)

James T. Reese v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on January 29, 2015 12:47 PM
Posted to Ind. App.Ct. Decisions