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[SUPREME] Terry L. Abbott v. State of Indiana, No. 21S-PL-00347

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Thursday, December 9, 2021 9am to 9:40am

Statehouse, Supreme Court Courtroom, 200 West Washington Street, Indianapolis, IN 46204

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Due to the COVID-19 pandemic, masks are required in the Courtroom, and public seating is limited for social distancing. (A live webcast will be available outside the Courtroom and remotely.)

The State filed a civil action seeking forfeiture of money seized from Abbott, who was convicted on felony drug charges. The Elkhart Superior Court denied Abbott’s request for the appointment of counsel at public expense and granted the State’s motion for summary judgment under the racketeering-forfeiture statute. The Court of Appeals reversed the entry of summary judgment for the State and affirmed the denial of Abbott’s request for appointed counsel, with a majority concluding Abbott could use the seized money to fund his defense to the forfeiture complaint. Abbott v. State, 164 N.E.3d 736 (Ind. Ct. App. 2021), vacated. The Supreme Court has granted the State’s petition to transfer and assumed jurisdiction over the appeal.

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