Although the expungement statute does not specifically mention PCR records, the intent behind the statute is to allow the petitioner to return to his or her former state without stigma so PCR records can be expunged.
Appeals
D.Z. v. State, No. 32A05-1708-JV-1907, __ N.E.3d __ (Ind. Ct. App., Feb. 22, 2018).
Because the school official and police officer employed by the school acted in concert in obtaining incriminating statements from the student, and both were aware of the probability of criminal charges, the student should have been advised of his Miranda rights.
City of Hammond v. Herman & Kittle Properties, Inc., No. 49A04-1612-PL-2784, __ N.E.3d __(Ind. Ct. App., Feb. 20, 2018).
Ind. Code §36-1-20-5, limiting rental property registration fees to $5, is stricken because it is special legislation.
State v. Bonds, No. 49A02-1704-CR-770, __ N.E.3d __ (Ind. Ct. App., Feb. 6, 2018).
For a misdemeanor, State does not have the right to demand a jury trial and State’s consent to a bench trial is unnecessary.
Person v. State, No. 49A02-1708-CR-1737, __ N.E.3d __ (Ind. Ct. App., Feb. 7, 2018).
Trial court could not order costs of victim’s public transportation and for her pain and suffering as part of defendant’s restitution.