Sidney Hertz, Appellant v. Dan Carothers, Appellee

Summary

The court held that the State's levy on Hertz's prisoner trust account was invalid because the State failed to serve him through an authorized method, even though he had actual notice. It nevertheless held that the account remained subject to execution, that the governing statutes were neither conflicting nor ambiguous, and that the statute was not ex post facto or an unconstitutional impairment of contract. The court also affirmed the refusal to sanction the State's attorney and held that Hertz waived his recusal argument.