« Ind. Law - "DTF seizures: How it's done elsewhere is similar to here" | Main | Courts - "NJ Supreme Court permits 'Super Lawyers' advertisements" »

Thursday, December 18, 2008

Ind. Courts - Has statute of limitations for theft passed because the theft occurred in September 2002, not in January 2003?

That question is the focus of a story today by Rebecca S. Green of the Fort Wayne Journal Gazette:

An Allen Superior Court judge convicted a 55-year-old Fort Wayne man of theft Wednesday, denying a defense request to dismiss the charges because of how much time had elapsed.

Rudrappa Gunashekar, of the 10000 block of Winding Creek Lane, was charged with stealing money from a Decatur-based contractor who repaired a building owned by Gunashekar that was damaged in a fire.

According to court documents, Gunashekar’s insurance company issued a three-party check to pay for the work in September 2002. Gunashekar cashed the check, but the contractor, Kay Grose, never signed it. Gunashekar is accused of committing the theft Jan. 3, 2003.

But defense attorney Mark Chambers argued the statute of limitations for theft had passed because the theft occurred in September 2002, not in January 2003 as prosecutors asserted.

But at the conclusion of the bench trial, Allen Superior Court Judge Kenneth Scheibenberger ruled that while Gunashekar did take control of the check in September 2002, he never gave Grose the money when the work was completed the following January.

“The defendant, however, thought he could better use the $130,000 rather than give the check to her to hold onto,” he said. “He did not give her what was her money. … Once she completed the work, it was her money in his bank account and it was his obligation to pay her.”

The story also notes a related case:
A civil case is also pending in the matter. In August, the Indiana Court of Appeals overturned a ruling by Allen Superior Court Judge Nancy Boyer, who awarded Grose nearly $450,000.

The higher court ruled Boyer abused her discretion by denying a request by Gunashekar to postpone the case after his lawyer quit and he proceeded without an attorney.

Grose appealed the appellate court’s ruling, and the case has been transferred to the Indiana Supreme Court, according to court records.

For more, see this Aug. 13th ILB entry headed "New trial for losers in $450,000 verdict."

Posted by Marcia Oddi on December 18, 2008 09:37 AM
Posted to Indiana Courts