Opinions May 10, 2024
Indiana Court of Appeals
Johnny W. Brown v. State of Indiana
23A-CR-330
Criminal. Reverses Johnny Brown’s conviction of Class C felony child molesting. Finds that When Brown turned 21 years old, his case fell into the jurisdictional gap the Indiana Supreme Court identified in D.P. and Neukam. Also finds that while statutes that became effective on July 1, 2023, cured this jurisdictional gap, retroactive application of these statutes to Brown would violate his right under the United States Constitution to be free of ex post facto laws. Remands with instructions for the trial court to dismiss.