Olivia Covington for www.theindianalawyer.comA long-discussed civil forfeiture reform bill has cleared its first hurdle in the Indiana Statehouse.The Senate Judiciary Committee on Wednesday passed Senate Bill 99, the civil forfeiture reform legislation born of the Interim Study Committee on Courts and the Judiciary. The 17-member committee studied the issue over the course of three meetings last year, guided by a Southern District ruling that struck down parts of the state’s civil forfeiture process as unconstitutional.The district court’s central concern was the lack of a “post-seizure, pre-forfeiture hearing,” an absence that denies property owners’ due process rights, Chief Judge Jane Magnus-Stinson ruled in the case of Leroy Washington v. Marion County Prosecutor, et al., 1:16-cv-02980. To remedy that concern, SB 99 would require prosecutors to file a probable cause affidavit in the county of the seizure within seven days of seizing property. If the probable cause cannot be established, then the property must be returned.Another concern frequently raised during the study committee’s meeting was the impact a seizure could have on “innocent owners,” or people who lend their vehicles or other property to a friend or relative, not knowing the property will be used for criminal activity. The reform bill addresses that concern by allowing a property owner to petition the court for provisional release, which can be granted with certain restrictions on when or where the property may be used.The bill also would expedite civil forfeiture proceedings by requiring prosecutors to file a forfeiture action within 21 days of receiving a demand for return from the owner, or within 90 days if no demand is made. That’s a significant reduction from current law, which allows prosecutors to wait 90 days if the owner demands a return, and 180 days if not.If the judge ultimately rules against the state’s forfeiture petition, the property in question must be returned, and the owners would not have to pay storage or transportation fees associated with the forfeiture action. But if the action ends in the prosecutor’s favor, SB 99 prescribes a process for disbursing the proceeds of the sale of the property.First, attorney fees would be paid, and one-third of any remaining amount would then go into the prosecutor’s forfeiture fund to offset the costs of bringing the action. Then, 85 percent of remaining funds can be deposited into the state general fund, the general fund of the law enforcement unit that conducted the seizure, or a county law enforcement drug task force fund. After that, all remaining funds would be deposited into the common school fund.Finally, SB 99 sets out reporting requirements for prosecutors who bring forfeiture actions. The attorneys must report data such as the amount of the seizure and the result of the action to the Indiana Prosecuting Attorneys Council, which can then use that information to study how the forfeiture process is working. The state is bereft of any such data right now, the bill’s author and committee chair Rod Bray, R-Martinsville, said.Speaking on behalf of IPAC, Marion County Prosecutor Terry Curry and Delaware County Prosecutor Jeff Arnold offered their support for SB 99 during Wednesday’s meeting, telling committee members the bill adequately addresses the deficiencies Magnus-Stinson found in the current civil forfeiture framework. Kristen Casper with the Indiana Public Defender Council expressed general support for the idea of civil forfeiture reform but raised some concerns about the legislation.Specifically, Casper advocated for an adversarial probable cause hearing and for a higher burden of proof – “clear and convincing” – to support a probable cause finding. Additionally, Casper said a third party, not IPAC, should collect and review all reported data.The only person to speak in total opposition to SB 99 was Sam Gedge, an attorney with the Institute for Justice who found both practical and constitutional defects in the bill.From a practical standpoint, Gedge said allowing law enforcement entities to collect from the civil forfeiture proceedings would create an incentive for officers to conduct seizures on low-level offenses. And from a constitutional perspective, Gedge said Article 8 Section 2 of the Indiana Constitution requires all forfeiture proceeds to be deposited into the common school fund, so the disbursement system in SB 99 would be a violation of that constitutional provision.Bray acknowledged there were questions surrounding civil forfeiture funds and the common school fund, but he said there was no judicial precedent providing an answer to those questions. The Institute for Justice is currently seeking judicial guidance through a Marion County case, Jeana M. Horner, et al. v. Terry R. Curry, Marion County Prosecutor’s Office, et al., 49D06-1602-PL-004804. Gedge said a trial and possibly appellate court ruling could be handed down in that case within the next year, so he urged the committee to hold the civil forfeiture issue until at least next year’s General Assembly.Committee members, however, unanimously passed SB 99 Wednesday. It now heads to the full Senate for possible amendments and approval.FacebookTwitterCopy LinkEmail
Phil Lesh & Friends have announced an upcoming two-night run at Lesh’s own Terrapin Crossroads venue in San Rafael, CA, set to go do on April 19th and 20th.For the upcoming two-night run, Lesh has recruited guitarists Al Schnier (moe.) and Luther Dickinson (North Mississippi Allstars), drummer Cody Dickinson (North Mississippi Allstars), and multi-instrumentalists Jason Crosby and Alex Koford. Phil Lesh & Friends’ show on Friday, April 19th will take place at night in the Grate Room. The following day, Saturday, April 20th will be a special afternoon performance at Terrapin’s Beach Park.Tickets to Phil Lesh & Friends’ upcoming Terrapin Crossroads run are on sale now here.For a full list of Lesh’s upcoming tour dates and ticketing information, head to his website.
Mini cast members are on the way! Brittany Cartwright, Scheana Shay and more Vanderpump Rules stars have shared their baby bump progress over the course of their pregnancies.The Kentucky native announced in September 2020 that she and her husband, Jax Taylor, have a little one on the way. “Mom and Dad,” she captioned an Instagram slideshow at the time. “The love of our lives is coming soon.”- Advertisement – As for Shay, the “Good As Gold” singer suffered a miscarriage in June 2020 and announced four months later that she is pregnant again.“IT’S ALL HAPPENING APRIL 2021,” the California native captioned an October 2020 Instagram photo of herself and boyfriend Brock Davies holding a positive pregnancy test and a sonogram shot. “We are expecting our rainbow baby. … The most amazing news of my life!”- Advertisement – She and the Michigan native used blue confetti poppers to reveal the sex of their baby boy one week later. Cartwright cradled her baby bump in party pics alongside her fellow pregnant costars, Lala Kent and Stassi Schroeder.The following month, Cartwright stood up for herself after the size of her stomach was criticized. She posted a paragraph about the ranges of 16-week bumps in October 2020, reading, “Believe it or not, some women don’t really show at 16 weeks pregnant, while others have pronounced bumps. The wide variety of baby bumps can be attributed to everything from a woman’s size and shape to whether this is her first pregnancy or her second, third or fourth. Whatever you do, don’t compare your 16 weeks pregnant belly to anyone else’s.”The mom-to-be called the Instagram haters “sad” at the time, wishing them happiness. “I’m going to enjoy my pregnancy no matter what the trolls say,” she wrote.- Advertisement – – Advertisement – The Australian personal trainer commented, “We did a thing honey. I’m so happy I have you to balance me out, I love you honey. Congratulations to us.”Keep scrolling to see more Vanderpump Rules stars’ budding bellies, from Kent to Schroeder.
Neymar and Kylian Mbappe celebrateParis, France | AFP | Kylian Mbappe was singled out for praise despite being the only member of Paris Saint-Germain’s superstar attack who didn’t score in Wednesday’s big Champions League win over German giants Bayern Munich.Dani Alves, Edinson Cavani and Neymar netted as PSG eased to a 3-0 victory at Parc des Princes to make it two wins from two games in Group B and take a huge step towards progressing to the last 16.But Mbappe, with his frightening pace and skill, set up Cavani’s magnificent strike that made it 2-0 and left David Alaba for dead as he created Neymar’s goal in the second half. “Kylian is progressing well. He has great talent and great desire to help the team grow,” said coach Unai Emery of the 18-year-old, who got the biggest roar of the night from the 45,000 home fans in the French capital when he made way for Angel di Maria late on.“The idea when we signed him was that he would help the team grow and the team would help him grow too. His was a complete performance.”The French teenager was making just his second appearance at Parc des Princes since arriving from Monaco on an initial loan deal that will become permanent next year, for a fee rising to 180 million euros ($211 million) with bonuses.Only Neymar, at 222 million euros, will have cost more in the history of football and along with Cavani, PSG look to have a potentially Champions League-winning strike force.But they will need to remain in this form and avoid the kind of tensions that marred the recent win over Lyon, when Cavani and Neymar argued over who should take a penalty.“The expectations on us were big, which is normal after the transfer window,” Mbappe told Canal Plus. “It’s just the beginning. We wanted to put in a big performance against a great team and we did it.” – Bayern going backwards –The ‘MCN’ attack have now scored 18 goals between them this season and they have also made PSG more adaptable, able to transform into a side that soaks up pressure before destroying opponents on the break.“Normally we control games with possession against deep-lying defences. Today they defended higher and had the ball but we controlled the game without it,” said Emery, whose side have scored eight goals and conceded none in two European outings.“In the Champions League we must never think we are the best because we are not. There are lots of strong sides, and Bayern came here to impose themselves,” said midfielder Marco Verratti.“I think the way we played, defending well and not conceding, (title-holders) Real Madrid have played very well like that in the last two years.”While PSG move forwards, on this evidence Bayern are heading in the opposite direction after suffering worst group-stage defeat in the Champions League in 16 years. Javi Martinez came close to equalising for the Bundesliga champions in the first half but they were not up to their usual standards, in keeping with a below-par start to the season.“I thought before the game that they were very strong, very dangerous. We prepared to have good control of the match and we did, but we didn’t have the necessary balance and that was the key,” admitted under-pressure coach Carlo Ancelotti.Ancelotti also dismissed questions from German media over his decision to leave Franck Ribery, Arjen Robben and Mats Hummels on the bench at kick-off.“I have no regrets,” said the Italian, whose team host Celtic next.Share on: WhatsApp