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Case Clips

Published by the Indiana Office of Court Services

Criminal

In re: Petition for Expungement of the Conviction Records of B.S., No. 02A05-1710-XP-2262, __ N.E.3d __(Ind. Ct. App., March 5, 2018).

March 5, 2018 Filed Under: Civil, Criminal Tagged With: Appeals, M. May

Although the expungement statute does not specifically mention PCR records, the intent behind the statute is to allow the petitioner to return to his or her former state without stigma so PCR records can be expunged.

D.Z. v. State, No. 32A05-1708-JV-1907, __ N.E.3d __ (Ind. Ct. App., Feb. 22, 2018).

February 26, 2018 Filed Under: Criminal, Juvenile Tagged With: Appeals, J. Baker, P. Riley

Because the school official and police officer employed by the school acted in concert in obtaining incriminating statements from the student, and both were aware of the probability of criminal charges, the student should have been advised of his Miranda rights.

Robinson v. State, No. 18S-CR-33, __ N.E.3d __ (Ind., Feb. 23, 2018).

February 26, 2018 Filed Under: Criminal Tagged With: Per Curiam, Supreme

The sentence imposed by the trial court, including the habitual substance offender enhancement, is not inappropriate under Appellate Rule 7(B) and does not warrant appellate revision.

McCallister v. State, No. 87S00-1609-LW-497, __ N.E.3d __ (Ind., Feb. 15, 2018).

February 19, 2018 Filed Under: Criminal Tagged With: G. Slaughter, Supreme

The evidence, including surveillance video and phone conversations, supported jury conviction of murder and conspiracy to commit murder. LWOP sentence was proper as the jury, not the court, weighs the mitigating and aggravating factors.

Phipps v. State, No. 28S05-1707-CR-499, __ N.E.3d __ (Ind., Feb. 16, 2018).

February 19, 2018 Filed Under: Criminal Tagged With: C. Goff, Supreme

Circumstantial evidence may be used to prove intent to violate a protective order and trial courts may weigh ongoing acts of criminal misconduct as an aggravating factor to enhance sentencing.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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