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Dawson v. State

Court of Appeals of Indiana

March 3, 2014

TANYA R. DAWSON, Appellant-Defendant,
v.
STATE OF INDIANA, CITY OF INDIANAPOLIS, and INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT, Appellees-Plaintiffs

Editorial Note:

These opinions are not precedents and cannot be cited or relied upon unless used when establishing res judicata or collateral estoppel or in actions between the same party. Indiana Rules of Appellate Procedure 65(D).

APPEAL FROM THE MARION SUPERIOR COURT. The Honorable Cynthia Ayers, Judge. The Honorable Burnett Caudill, Magistrate. Cause No. 49D04-1204-MI-15906.

ATTORNEY FOR APPELLANT: STEPHEN GERALD GRAY, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEES: GREGORY F. ZOELLER, Attorney General of Indiana, KYLE HUNTER, Deputy Attorney General, Indianapolis, Indiana.

FRIEDLANDER, Judge. KIRSCH, J., and BAILEY, J., concur.

OPINION

MEMORANDUM DECISION - NOT FOR PUBLICATION

FRIEDLANDER, Judge.

Tonya R. Dawson appeals the denial of her motion for summary judgment in an action filed by the State of Indiana, City of Indianapolis, and the Indianapolis Metropolitan Police Department (collectively, the State) for the forfeiture of Dawson's 2000 Chevy Tahoe. Dawson presents the following restated issue for review: Did the trial court err in denying Dawson's motion for summary judgment?

We affirm.

The undisputed facts are that on February 22, 2012, Dawson's son, Garfield McLayea, Jr., sold cocaine to undercover police officers of the Indianapolis Metropolitan Police Department and was arrested a short time later. McLayea left the scene of the transaction in a 2000 Chevy Tahoe. During a search of the Tahoe following the arrest, police officers found a large baggie of cocaine in the center console. Police also found in the center console paperwork for the Tahoe from the Indiana Bureau of Motor Vehicles (BMV) bearing McLayea's name, as well as other information about the vehicle. The State filed a complaint for forfeiture in relation to the Tahoe on April 22, 2012. BMV records showed that title of the Tahoe transferred from McLayea to Dawson on the day of the arrest, i.e., February 22, 2012.[1]

On September 10, 2012, Dawson filed a motion for summary judgment in the State's forfeiture action. In conjunction with her motion, Dawson submitted an affidavit stating as follows:

1. I am an adult, competent to give testimony and make the representations herein based on first hand knowledge.
2. I have read and reviewed the factual assertions contained in Defendant's Memorandum In Support Of Summary Judgment, and hereby ratified them and incorporate each and every one ...

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