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582 N.E.2d 817

O'LAUGHLIN v. Barton

Indiana Supreme Court

Decided December 12, 1991

Indiana Supreme Court · decided 1991-12-12

Good law ✅— No negative treatment on recordhow we know

Decided 1991-12-12

How this case has been cited

Cited by 18 later decisions — most recently January 2013

1 federal appellate · 12 state decisions

130199120002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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SHEPARD, Chief Justice,

¶1dissenting.

¶2Casual observers might see this case as a bizarre saga about lawyers and legislators who finally succeeded in sending $100,000 to a crime victim, but its long-term significance is far greater. The Indiana Constitution commands that we place fines, forfeitures, and certain other money in the Common School Fund. Ind. Const, art. VIII, sec. 2. The legislation at issue today really just declares that a forfeiture is not a forfeiture, that Fadli’s cash can be seized through use of a different word and sent somewhere other than the Common School Fund. Judicial approval of this sort of evasion will invite further dismantling of the Common School Fund.

¶3GIVAN, J., joins in this dissent.

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