An individual may either file a petition for removal from the sex offender registry in a separate, civil cause or within a criminal cause under a qualifying court.
Criminal
State v. N.B., No. 19A-JV-1659, __ N.E.3d __ (Ind. Ct. App., Jan. 10, 2020).
A juvenile court has subject matter jurisdiction to entertain a delinquency petition and waive a defendant to adult criminal court but does not have jurisdiction to adjudicate a defendant over age twenty-one a delinquent child and enter a disposition.
McCain v. State, No. 19A-CR-1113, __ N.E.3d __ (Ind. Ct. App., Jan. 6, 2020
While a trial judge is not prohibited from expressing personal disagreement with a jury’s verdict, a trial judge is prohibited from enhancing a defendant’s sentence based on that disagreement.
Reust v. State, No. 18A-CR-2887, __ N.E.3d __ (Ind. Ct. App., Dec. 17, 2019).
Landscaping at a new home construction site does not fall under the Indiana Home Improvement Fraud Statute, which requires that the consumer live in the dwelling at the time of the home improvement.
Johnson v. State, No. 19A-CR-975, __ N.E.3d __ (Ind. Ct. App., Dec. 19, 2019).
Gaming Enforcement Agent unlawfully exceeded the scope of a pat down search by reaching into defendant’s pocket and removing a ball of powdered substance.