Convicting defendant of both Level 4 felony unlawful possession of a firearm by a serious violent felon and Class A misdemeanor carrying a handgun without a license violates Indiana’s double jeopardy prohibition.
Peele v. State, No. 19A-CR-1775, __ N.E.3d __ (Ind. Ct. App., Jan. 24, 2020).
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.
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.
In re Adoption of C.A.H., No. 20S-AD-5, __ N.E.3d __ (Ind., Jan. 10, 2020).
A parent’s implied consent to the adoption may not be based solely on their failure to appear at a single hearing.
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.