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.
Witham v. Steffan, No. 18A-TR-2914, __ N.E.3d __ (Ind. Ct. App., Sept. 6, 2019).
Incorrectly filing a will contest in the Circuit Court instead of in the Superior Court was a mistake in venue that mandated immediate transfer rather than dismissal with prejudice.
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.