Under the permissive expungement statute, a trial court may deny an expungement petition after considering the nature and circumstances of the crime,and the petitioner’s character
Criminal
Afanador v. State, No. 21A-CR-1000, __ N.E.3d __ (Ind. Ct. App., Jan. 28, 2022).
The State is not prohibited from using two offenses to support separate enhancements under different recidivist offender statutes when the two offenses were not part of the same res gestae.
Isom v. Neal, No. 21S-CQ-545, __ N.E.3d __ (Ind., Jan. 28, 2022).
A petition for post-conviction relief tendered to a trial court without the verification required by Post-Conviction Rule 1 is not properly filed.
State v. Katz, No. 20S-CR-632, __ N.E.3d __ (Ind., Jan. 18, 2022).
Ind. Code § 35-45-4-8, which criminalizes the non-consensual distribution of an intimate image, does not violate the free interchange clause of the Indiana Constitution, or the First Amendment to the United States Constitution.
Wihebrink v. State, No. 20S-CR-632, __ N.E.3d __ (Ind. Ct. App., Jan. 24, 2022).
An appeal waiver, despite a challenge to aggravators or mitigators found by the trial court at the time of sentencing, is enforceable because such a challenge is not one of illegality.