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Published by the Indiana Office of Court Services

Reynolds v. Capps, No. 77A05-1110-SC-567,___ N.E.2d ___ (Ind. Ct. App., May 23, 2012).

May 25, 2012 Filed Under: Civil Tagged With: Appeals, M. Barnes

Barnes, J.
Regardless of whether the applicable statutory requirements were met here, it is clear that the September 13, 2011 hearing did not satisfy the very minimum due process requirements—namely that a judge, or someone so authorized, preside over the hearing. In fact, this hearing was conducted by the court reporter. This violated Reynolds’s right to a neutral decision-maker. Further, no witnesses were sworn, no evidence was heard, and Reynolds was not given the opportunity to defend against the ejectment. Reynolds was then presented with a pre-signed order requiring her to vacate the premises. This violated her right to present a defense.
….
Conclusion
Because the manner in which the hearing was conducted denied Reynolds due process, we reverse.
Reversed.
FRIEDLANDER, J., and MAY, J., concur.
 

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