Trial court erred in denying expungement without a hearing after the State objected to the petition; expungement statute requires a hearing when the State objects, and expungement could not be summarily denied because defendant was entitled to mandatory expungement of one of his convictions.
M. Barnes
Lovett v. State, No. 20A04-1506-MI-591, ___ N.E.3d ___ (Ind. Ct. App. Dec. 11, 2015).
Indiana’s Sex Offender Registration Act did not violate ex post facto clause of the Indiana Constitution as applied to defendant. SORA did not exist at the time of defendant’s 1991 conviction in Washington, but Washington law imposed similar registration requirements; thus, applying SORA after defendant moved here in 2003 imposed no new punishment.
Rogers v. Martin, No. 02A05-1506-CT-520, __ N.E.3d __ (Ind. Ct. App., Dec.14, 2015).
A social host has the duty to render aid to a guest.
State v. Bazan, No. 55A01-1506-CR-737, ___ N.E.3d ___ (Ind. Ct. App. Nov. 10, 2015).
New York conviction for “operating a motor vehicle while ability impaired” required a lesser showing of impairment than Indiana’s OWI offense, and therefore was not “substantially similar” to support enhancing Indiana OWI charges based on a prior conviction within five years.
Allen v. State, No. 49A05-1410-CR-501, ___ N.E.3d ___ (Ind., Oct. 14, 2015).
Even though defendant had notified the trial court of his incarceration on other charges at a pre-trial conference, he was not entitled to discharge under Criminal Rule 4(C). All but 363 days of delay resulted from defendant’s failure to appear for trial when defense counsel failed to obtain a transport order to secure defendant’s attendance at trial as instructed, and was chargeable to defendant. Nor did the delay violate defendant’s constitutional speedy-trial rights.