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Opinions May 29, 2015

May 29, 2015

Indiana Court of Appeals
State of Indiana v. Scott Zerbe

49A05-1410-MI-463
Criminal. Reverses a trial court ruling granting Zerbe’s petition to remove his name from the Sex Offender Registry. Zerbe was required to register as a sex offender for a Michigan offense committed in 1992 when he moved to here in 2012. Indiana’s Sex Offender Registry, enacted in 1994, is not unconstitutional as applied to Zerbe, the majority held, writing that no additional burden was placed on Zerbe because he was previously required to register as a sex offender in Michigan. Judge John Baker dissented and would affirm the trial court. Under Wallace v. State, 905 N.E.2d 371 (Ind. 2009), and subsequent decisions, Baker wrote, application of SORA to those who committed offenses prior to its implementation was ex post facto. He wrote that these cases plainly hold that the date of primary importance in the inquiry is the date of the conviction.

Shaheen Zamani v. State of Indiana

32A05-1406-CR-264
Criminal. Affirms Zamani’s convictions of attempted murder and battery, holding that the trial court did not abuse its discretion in denying his belated request to assert an insanity defense. Judge Margret Robb dissents and would remand for a new trial, holding that Zamani showed good cause for filing a notice to intent to insert an insanity defense and that such a filing would be in the interest of justice.

Mitchell Sigman v. State of Indiana and Sharon Hawk (mem. dec.)

46A05-1411-CT-516
Civil tort. Affirms dismissal of complaint.

Tony Julian v. State of Indiana (mem. dec.)
48A02-1407-CR-477
Criminal. Affirms convictions for Class B felony dealing in methamphetamine; Class D felony counts of possession of precursors with intent to manufacture a controlled substance and maintaining a common nuisance; and Class A misdemeanor false informing.

Matthew T. Dickerhoff v. State of Indiana (mem. dec.)
52A02-1408-CR-535
Criminal. Affirms one-year executed sentence for convictions of Class D felony maintaining a common nuisance and Class A misdemeanor possession of marijuana.

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