The plain language of the other-jurisdiction provision of Indiana’s Sex and Violent Offender Act compels registration for individuals with out-of-state registration obligations regardless of the source of those obligations.
M. Bailey
Henderson v. State, No. 24A-CR-667, __ N.E.3d __ (Ind. Ct. App., July 26, 2024).
Ind. Code § 35-50-2-7(c)(1) proscribes the application of alternative misdemeanor sentencing (AMS) to a second felony within three years when “the person has committed a prior unrelated felony for which judgment was entered as a conviction of a Class A misdemeanor.” The statute employs past tense, as opposed to prospective, terminology; anticipated AMS for a prior unrelated felony would not bar AMS in a current case.
Brackenridge v. State, No. 23A-CR-2496, __N.E.3d __ (Ind. Ct. App., May 29, 2024).
To be classified as a serious violent felon, a defendant must have been convicted of a statutory listed felony. If a defendant’s qualifying felony conviction is reduced to a misdemeanor by virtue of the AMS statute, a defendant would no longer qualify as a serious violent felon.
Individual Members of the Medical Licensing Bd. of Ind.. v. Anonymous Plaintiff 1, No. 22A-PL-2938, __ N.E.3d __ (Ind. Ct. App., Apr. 4, 2024).
Recognizes the doctrine of associational standing and affirms the trial court’s finding that plaintiffs are entitled to a preliminary injunction regarding the abortion law, but remands for a more narrowly tailored injunction.
Goalsetter Systems, Inc. v. Estate of Gerwels, No. 23A-CT-1896, __ N.E.3d __ (Ind. Ct. App., Feb. 28, 2024).
Materials withheld in a FOIA request are not privileged and non-discoverable because of a federal interest.