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Case Clips

Published by the Indiana Office of Court Services

Criminal

T.H. v. State, No. 18S-JV-80,__ N.E.3d __(Ind., March 9, 2018)

March 12, 2018 Filed Under: Criminal, Juvenile Tagged With: Per Curiam, Supreme

Affirms the Court of Appeals opinion that no reasonable fact-finder could find the element of loss of at least $750 was proven beyond a reasonable doubt when there are unexplained anomalies in the repair estimate.

Payne v. State, No. 79A02-1707-CR-1606, __ N.E.3d __ (Ind. Ct. App., Feb. 28, 2018).

March 5, 2018 Filed Under: Criminal Tagged With: Appeals, J. Kirsch, R. Pyle

State must authenticate defendant’s signature on plea agreement entered in prior violent felony in order sustain a conviction for unlawful possession of a firearm by serious violent felon.

McCoy v. State, No. 10A05-1703-CR-681, __ N.E.3d __ (Ind. Ct. App., Feb. 28, 2018).

March 5, 2018 Filed Under: Criminal Tagged With: Appeals, N. Vaidik

Trial court at sentencing may designate a defendant as a credit restricted felon only if that person has been convicted of one or more of serious sex-related crimes that allow for such designation.

Hogan v. State, No. 71A05-1702-CR-278, __ N.E.3d __ (Ind. Ct. App., March 5, 2018).

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

In order to place a defendant in Purposeful Incarceration, the trial court must state in the Abstract of Judgment that, after successful completion of an appropriate therapeutic program, the court will consider a petition to modify defendant’s sentence.

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.

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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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