State v. Turner

I agree that the trial court properly computed interest upon the judgment and that the judgment must be affirmed but I would go further and, pursuant to Indiana Rules of Procedure AP 15(G), assess additional damages of 10%, i. e., $279.89, against the State. See State v. Denny, (2d Dist. 1978) Ind.App., 377 N.E.2d 893.

I would do so because I heartily agree with the majority’s characterization of the State’s argument as an “absurdity”, (majority opinion, footnote 1). The State’s position is patently specious. The State should compensate Turners even though the maximum amount allowable is…