Sunday, March 08, 2009

The End of the Muncie DTF Story (Alomost)

Not sure who won since McKinney looks like he does not need to write a check but I am saying Judge Dailey won on points. Here is The Muncie Star Press' Civil forfeiture dispute ends with settlement:
"MUNCIE -- Delaware Circuit Court 2 Judge Richard Dailey on Thursday ended a year-long, costly legal battle over civil forfeitures in drug cases involving Delaware County Prosecutor Mark McKinney.

Dailey signed an order Thursday to rescind all repayment orders and dismiss all civil drug forfeiture actions by agreement of McKinney and deputy prosecutor Eric Hoffman, Mayor Sharon McShurley and Delaware County commissioners, led by President Todd Donati.

By mid-afternoon, the Indiana Court of Appeals had agreed to dismiss the appeal by McKinney and Hoffman that stopped Dailey from proceeding with more forfeiture inquiries.

The dual court action was all part of a settlement in which all parties finally agreed that civil drug forfeitures -- in which McKinney and Hoffman took the assets of alleged drug dealers and charged attorney's fees without judicial oversight -- had not been handled correctly, and a new process and local rule were needed to ensure forfeitures were done according to law."

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