Expungement prohibition for those convicted of a felony that resulted in serious bodily injury to another person only applies if serious bodily injury is an element of the offense.
Criminal
Breda v. State, No. 19A-CR-2023, __ N.E.3d __ (Ind. Ct. App., Feb. 19, 2020).
Ind. Code 35-38-2.6-5, the community corrections violation statute, does not violate the constitutional separation of powers.
Heuring v. State, No. 19S-CR-528, __ N.E.3d __ (Ind., Feb. 20, 2020).
A hunch, or mere speculation, that a GPS unit was stolen from the target vehicle is insufficient to establish probable cause for a warrant to search the subject’s residence and/or his adjoining property.
Davis v. State, No. 19A-CR-1925, __ N.E.3d __ (Ind. Ct. App., Feb. 21, 2020).
Sentences for multiple drug transactions, which resulted from a State-sponsored sting operation, must run concurrently.
Loehrlein v. State, No. 19A-CR-737, __ N.E.3d __ (Ind. Ct. App., Feb. 21, 2020).
A juror’s deceptive and false answers on a juror questionnaire which prevents the defense from investigating whether said juror is impartial entitles a defendant to a new trial.