A court is not authorized to consider an expunged conviction in the context of an expungement proceeding for purposes of determining whether the person has a conviction within the previous five years.
Criminal
Ball v. State, 20A-XP-1521, __ N.E.3d __ (Ind. Ct. App., Feb. 23, 2021).
Where a co-defendant in the same case has compensated the victim, the statutory restitution obligation has been satisfied and therefore, the non-paying co-defendant is eligible for expungement.
Demby v. State, 20A-CR-1012, __ N.E.3d __ (Ind. Ct. App., Feb. 16, 2021).
While aggravated battery is not an inherently included lesser offense of attempted murder, it may become a lesser-included offense depending on how it is charged. Pursuant to Wadle, if the factual circumstances and charging information render aggravated battery a lesser-included offense of attempted murder, the aggravated battery conviction would violate the prohibition against double jeopardy.
Brown v. State, 19A-MI-1999, __ N.E.3d __ (Ind. Ct. App., Feb. 10, 2021).
Amendment of Ind. Code § 35-33-5-7 to include subsection (f) was a remedial measure intended to clarify that a search warrant is considered “executed” for purposes of Ind. Code § 35-33-5-7 when officers seize the items described in the search warrant.
Abbott v. State, 19A-PL-1635, __ N.E.3d __ (Ind. Ct. App., Feb. 15, 2021).
In a civil forfeiture action, the res may be used for defense related expenses.