Expungement was properly denied when, despite having no new convictions, petitioner had admitted in a pretrial diversion program to committing a new crime.
M. Barnes
Gerth v. State, No. 29A02-1506-CR-693, ___ N.E.3d ___ (Ind. Ct. App., Feb. 18, 2016).
Search warrant was not based on probable cause, when supported only by two uncorroborated tips from informants with insufficiently established credibility and good-faith exception did not apply in view of officer’s “reckless material omission of fact” relevant to credibility of one of the tips.
Rhodes v. State, No. 49A02-1503-CR-173, ___ N.E.3d ___ (Ind. Ct. App. Jan. 19, 2016).
Inventory search of defendant’s vehicle was unconstitutional, absent proof of existence of (or compliance with) established police procedures for such searches.
Rondeau v. State, No. 49A02-1505-PC-427, ___ N.E.3d ___ (Ind. Ct. App. Jan. 12, 2016).
Post-conviction court did not abuse its discretion in denying some requests for subpoenas, despite not issuing “a finding on the record” under P-C.R. 1(9)(b); subpoenas either were not specific enough to establish proposed witnesses’ relevance, or relevance was only to matters available at trial or on direct appeal.
D.A. v. State, No. 48A02-1504-MI-215, ___ N.E.3d ___ (Ind. Ct. App. Dec. 31, 2015).
Trial court, having expunged defendant’s convictions, should also have granted defendant’s request to expunge the records of a civil forfeiture proceeding that arose from the same facts underlying the convictions; expungement statute was ambiguous on that point, but as a remedial statute must be liberally construed.