In enacting the Vacatur Statute, the General Assembly determined that a trafficked person who meets the statutory elements should be entitled to have their conviction vacated. I.C. § 35-38-10-2. The relief is not discretionary if the statutory elements are met.
Criminal
White v. State, No. 22A-CR-00978, __ N.E.3d __ (Ind. Ct. App., Dec. 8, 2022).
A traffic stop based on an “inactive” registration is not justified because the General Assembly has not made “inactive” registration an infraction.
Crabtree v. State, No. 21A-CR-2752, __ N.E.3d __ (Ind. Ct. App., Dec. 1, 2022).
Terry-level reasonable suspicion is not an absolute necessity for a dog sniff of a hotel-room door. The degree of suspicion is just one factor to be considered under the general Litchfield balancing test.
L.W. v. State, No. 22A-JV-1138, __ N.E.3d __ (Ind. Ct. App., Nov. 23, 2022).
Ind. Code § 31-32-5-1 mandates that before consent may be established for purposes of a blood draw, a juvenile must be advised, and provided the opportunity, to have meaningful consultation with their parent/guardian.
Mills v. State, No. 22A-CR-591, __ N.E.3d __ (Ind. Ct. App., Nov. 10, 2022).
The face mask requirement imposed during the global COVID pandemic was a reasonable limitation on the right to confront witnesses, designed to further the public policy of ensuring the safety of everyone in the courtroom.