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COA reissues expungement opinion

April 24, 2014

The Indiana Court of Appeals reissued its decision finding the trial court should have granted a man’s petition for expungement. The court originally handed down the opinion in Taylor v. State, 45A03-1310-CR-406, April 17.

The opinions are almost identical, except Thursday’s opinion has been rewritten to emphasize the statutes at the time when Taylor filed his petition and references I.C. 35-38-9-9(d) as “former “Section 35-38-9-9(d)”.  

A footnote in Thursday’s opinion says, “As later explained in this opinion, subsection (d) has since been amended, and the final sentence is no longer contained in the amended version.” That final sentence is, “The court shall consider the victim’s statement before making its determination.”

Thursday’s opinion also held the trial court was required to grant Taylor’s petition for expungement of his Class A misdemeanor conviction.
 

 

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