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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinions were published on June 30 after The Indiana Lawyer’s deadline.
Indiana Supreme Court
State of Indiana v. Augustine Armando Gomez Jr.
No. 25S-CR-14
Direct appeal from the Tippecanoe Superior Court, Judge Randy J. Williams. The trial court’s dismissal of misdemeanor and felony unlawful carrying charges against Gomez, based on alleged misapplication of statutory provisions regarding prior felony convictions, was reversed. The Supreme Court held that the trial court incorrectly found the charging information lacked sufficient certainty and erred in declaring the relevant statutes unconstitutional. The court confirmed that Gomez had adequate notice regarding the crimes charged and thus reinstated the charges. Justice Massa authored the opinion. Justice Slaughter concurred, Justice Molter concurred in result, and Chief Justice Rush partially concurred and dissented in part with a separate opinion, joined by Justice Goff. Chief Justice Rush concluded the handgun statute required the state to show Gomez’s Illinois conviction was substantially similar to an Indiana felony before it could support the Level 5 felony enhancement, and that the charging information failed to identify the necessary Indiana comparator. She would have allowed the misdemeanor handgun charge to proceed but would have affirmed dismissal of the Level 5 felony charge and resolved the case on statutory, rather than constitutional, grounds. Appellant’s attorney: Office of the Indiana Attorney General. Appellee’s attorney: Shay J. Hughes, Lafayette, Indiana.
Indiana Supreme Court
State of Indiana v. Emareion T. Jones
No. 25S-CR-15
Direct appeal from the Tippecanoe Superior Court, Judge Randy J. Williams. (While this case is unrelated, its oral argument was consolidated with the above case involving Augustine Gomez.) The trial court dismissed charges against Emareion Jones for unlawful carrying of a handgun, finding the pleadings insufficient and unconstitutional. The Indiana Supreme Court reversed this dismissal, ruling that the charging information sufficiently specified the crimes and established that Jones’s prior felony convictions fell within the timeframe to enhance the charges. The court found the trial court abused its discretion by dismissing the counts and remanded for further proceedings. Justice Massa authored the opinion; Justice Slaughter concurred and Justice Molter concurred in result, while Chief Justice Rush concurred in part and dissented in part, joined by Justice Goff. Chief Justice Rush concluded that although the misdemeanor handgun charge was properly pleaded, the Level 5 felony charge was deficient because the State failed to identify an Indiana felony substantially similar to the defendant’s Texas convictions, as required by the applicable statute. She would have allowed the misdemeanor charge to proceed but affirmed dismissal of the Level 5 felony. Appellant’s attorney: Office of the Indiana Attorney General. Appellee’s attorney: Shay J. Hughes, Lafayette, Indiana.
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