The five-year waiting period required to file an expungement petition begins on the date a class D felony was converted to a class A misdemeanor, and does not revert back to the date of the initial felony conviction.
Criminal
McGuire v. State, No. 18A-CR-2554, __ N.E.3d __ (Ind. Ct. App., Aug. 27, 2019).
Defendant’s online Facebook postings were not constitutionally protected since they were proscribable speech as a threat to peace, safety, and well-being.
Brown v. State, No. 18A-PC-3128, __ N.E.3d __ (Ind. Ct. App., Aug. 21, 2019).
A post-conviction court may summarily deny a petition for PCR if the petitioner is entitled to no relief as a matter of law.
Walmsley v. State, No. 18A-CR-2506, __ N.E.3d __ (Ind. Ct. App., Aug. 29, 2019).
A felony-murder charge of delivery of a narcotic drug resulting in death does not apply when two or more people jointly acquired and possessed the drug.
Wilcoxson v. State, No. 18A-CR-1882, __ N.E.3d __ (Ind. Ct. App., Aug. 29, 2019).
Defendant may be charged with two counts of attempted murder when he fired shots in the direction of two different officers, and double jeopardy doesn’t apply under either the continuous-crime doctrine or the very same act test.