Lebanon, IN asked in Wrongful Death for Indiana

Q: Can a civil suit be brought in a homicide case from 1996 if it can be proven that the alleged circumstances were untrue?

Boy was killed in 1996 in Indiana. Defendant plead guilty to reckless homicide based upon impossible circumstances.

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2 Lawyer Answers
Paul Stanko
Paul Stanko
Answered
  • Plymouth, IN
  • Licensed in Indiana

A: You have not provided enough information. Who would be filing suit? Also, any statute of limitations for wrongful death would have long since passed.

Peter N. Munsing
Peter N. Munsing
Answered

A: Regardless of how you think it happened, someone decided to take the fall--a very heavy one.Homicide is not a nothing charge. So there was a defendant, and nothing happened for 20 years--sorry, no court will open a case for a civil matter. Under rare circumstances criminal cases will be reopened, but it is rare and up to the police and the DA--you can't bring a civil case.

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