The trial court erred by striking some of the language included in the expungement statute (Ind. Code s 35-38-9-10(c)) from its order granting expungement; the language should either by left in its entirety or left out in its entirety.
Appeals
Teising v. State, No. 22A-CR-548, __ N.E.3d __ (Ind. Ct. App., Dec. 15, 2022).
The residency statutes illustrate that a person does not change residency by the mere fact of being physically present in another location; rather, the person must have intent to reside in the new location.
A.C. v. State, No. 22A-PC-1215, __ N.E.3d __ (Ind. Ct. App., Dec. 19, 2022).
In enacting the Vacatur Statute, the General Assembly determined that a trafficked person who meets the statutory elements should be entitled to have their conviction vacated. I.C. § 35-38-10-2. The relief is not discretionary if the statutory elements are met.
In re K.G., No. 22A-MI-502, __ N.E.3d __ (Ind. Ct. App., Dec. 6, 2022).
Trial court did not have the statutory authority to grant request to amend child’s birth certificate to change child’s gender marker.
White v. State, No. 22A-CR-00978, __ N.E.3d __ (Ind. Ct. App., Dec. 8, 2022).
A traffic stop based on an “inactive” registration is not justified because the General Assembly has not made “inactive” registration an infraction.