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Court must consider man’s motion to prohibit release of criminal record

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Because a man filed his motion to prohibit the release of his criminal record before the Indiana Legislature repealed the relevant statute, the Indiana Court of Appeals ordered the Hancock Superior Court to consider the motion.

Hancock Superior Judge Dan E. Marshall denied John Alden’s motion on two grounds: Alden failed to provide notice to the Office of the Indiana Attorney General and the Indiana State Police Central Repository; and the Legislature had repealed I.C. 35-38-8-5.

Alden filed his motion to prohibit the release of his criminal record June 4, 2013, and served his motion only on the Hancock County prosecutor. Shortly after he filed the motion, the General Assembly repealed the statute.

Alden argued he met the requirements of the statute, which at the time allowed courts to restrict access to the conviction records of qualifying offenders eight years after they completed their sentences.

The Court of Appeals reiterated its April 30 ruling in Pittman v. State, that I.C. 35-38-8-3 does not require petitioners to serve notice on either the attorney general or the ISPCR.  Alden fulfilled the notice requirements of Indiana Criminal Rule 18 by serving the prosecutor, the adverse party “of record” under the rule. The petition is an additional filing in the criminal case and not a new, free-standing cause of action.

The judges also found I.C. 1-1-5-6 dispositive; the statute applies to the repeal of a statute or part of a statute that has expired and provides that the repeal does not affect the validity of an action taken before the statute has expired.

“While Indiana courts have never interpreted this provision of the Indiana Code, its plain language indicates that a party has a right to pursue an action allowed by statute even if that statute is later repealed, as long as the party undertakes the action prior to the repeal. Accordingly, because Alden filed his motion before the Legislature repealed Indiana Code § 35-38-8-3, we conclude that the repeal did not affect the validity of his action,” Judge Rudolph Pyle III wrote in John Alden v. State of Indiana, 30A05-1309-MI-463.
 

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  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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