Ind. Code § 35-38-9-10(f) sets forth mechanisms to enforce expungement provisions; no private right of action exists for failure to properly expunge or seal records after an expungement order is issued.
E. Brown
Bradley v. State, No. 22A-CR-2317, __ N.E.3d __ (Ind. Ct. App., Jan. 31, 2024).
When a trial court sua sponte orders a competency evaluation for a defendant, the early trial period is tolled, and the delay is chargeable to neither the State nor the defendant. Once the competency evaluation is complete and the 70-day early trial period resumes, the State must fulfill its affirmative duty to bring the defendant to trial.
Murphy v. Cook, No. 23A-SC-1614, __ N.E.3d __ (Ind. Ct. App., Dec. 20, 2023).
Courts should be mindful of the provisions and requirements of T.R. 64(A) with respect to issuing a body attachment, including the provision that body attachments expire 180 days after issuance and the expiration date must appear on the face of the writ.
Kendall v. State, No. 23A-CR-1473, __ N.E.3d __ (Ind. Ct. App., Dec. 29, 2023).
The crime of identity deception does not require that the identifying information must coincide with any real person or an existing human being. Additionally, the statute governing identity deception includes elements not contained in the statute governing false informing and thus, does not violate Article 1, Section 16, Indiana’s Proportionality Clause.
Wilson v. Wilson, No. 22A-DC-1949, __ N.E.3d __ (Ind. Ct. App., Feb. 20, 2023).
Commentary to Indiana Child Support Guideline states, “although Social Security benefits are not reflected on Line 7 of the child support Worksheet, the benefit should be considered, and its effect and application shall be included in the written order for support of that child.” Accordingly, a trial court is required to make findings whether a child’s overall financial needs are satisfied in whole, or in part, by the Social Security benefits the child receives.