The trial court’s certification of its suppression order for interlocutory appeal was an abuse of its discretion because the State’s request for certification was untimely under App. R. 14(B)(1)(a).
Appeals
Gulzar v. State, No. 19A-XP-637, __ N.E.3d __ (Ind. Ct. App., Sept. 6, 2019).
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.