ILNews

COA reissues expungement opinion

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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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  1. Contact Lea Shelemey attorney in porter county Indiana. She just helped us win our case...she is awesome...

  2. We won!!!! It was a long expensive battle but we did it. I just wanted people to know it is possible. And if someone can point me I. The right direction to help change the way the courts look as grandparents as only grandparents. The courts assume the parent does what is in the best interest of the child...and the court is wrong. A lot of the time it is spite and vindictiveness that separates grandparents and grandchildren. It should not have been this long and hard and expensive...Something needs to change...

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