APPEAL FROM THE MARION SUPERIOR COURT. The Honorable William J. Nelson, Judge. Cause No. 49F18-1112-FD-86926.
ATTORNEYS FOR APPELLANT: GREGORY F. ZOELLER, Attorney General of Indiana, ELLEN H. MEILANENDER, Deputy Attorney General, Indianapolis, Indiana.
ATTORNEYS FOR APPELLEE: LINDA L. PENCE, DAVID J. HENSEL, JULIE SMITH, Indianapolis, Indiana.
PYLE, Judge. MATHIAS, J., and BRADFORD, J., concur.
STATEMENT OF THE CASE
The State of Indiana appeals the trial court's dismissal of its charges against David Lott Hardy (" Hardy" ) for four counts of Class D felony official misconduct.
Whether the trial court abused its discretion when it granted Hardy's motion to dismiss.
Hardy is the former Chairman of the Indiana Utility Regulatory Commission (" IURC" ). During his time as Chairman, Hardy was involved in the approval process for a petition filed by Duke Energy Indiana (" Duke" ) and Southern Indiana Gas and Electric Company, d/b/a Vectren Energy Delivery of Indiana (" Vectren" ), to build an integrated gasification combined cycle generating facility (" IGCC Project" ) in Edwardsport, Indiana. In their petition, Duke and Vectren also asked the IURC to approve ratemaking changes so that they could recover the project's construction, operation, and maintenance costs.
On December 9, 2011, the Marion County grand jury indicted Hardy on three charges of Class D felony official misconduct for matters relating to his performance on the IGCC Project. Four days later, the State moved to amend the indictment to add a fourth charge of Class D felony official misconduct. The trial court granted the motion on January 23, 2012. The four charges were based on ethical and administrative, but not criminal, violations that Hardy allegedly committed between 2008 and 2010.
During that time frame, the official misconduct statute ...