• Web Exclusive: Expungement wait period case awaits justices

    After more than 10 years with a criminal record, Naveed Gulzar successfully petitioned to reduce his felony conviction to a misdemeanor. But when he tried to expunge the conviction two years later, Gulzar faced an unexpected setback. The Indiana Supreme Court will decide whether Gulzar and others in his situation must wait longer for an expungement.

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Articles

Split COA: Prosecutor can file for paternity at putative father’s request

A divided panel of the Indiana Court of Appeals has reversed the dismissal of an alleged father’s time-barred petition seeking to establish paternity of a child. The majority held a prosecutor is authorized to pursue such a request outside the general two-year statute of limitations. A dissenting judge, however, warned the holding “makes a mockery” of the two-year statute of limitations in paternity cases.

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Divided COA tosses suit against lawyers over tax sale proceeds as untimely

A divided panel of the Indiana Court of Appeals on Thursday threw out a lawsuit against two lawyers filed by their opposing party in long-running litigation, the current case over proceeds from a tax sale that the lawyers distributed to their clients. The majority ruled that the lawsuit — filed one day outside the two-year statute of limitations — should be dismissed.

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Car search after meth dealer’s arrest divides COA panel

A suspected Morgan County meth dealer who pulled his truck into his driveway as police were executing a search warrant on his property failed to overturn his conviction on appeal, but a dissenting judge found a police search of his vehicle after he was arrested failed to “honor the distinction between homes and motor vehicles for purposes of search and seizure.”

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David, Goff publish dissent after justices let stand parents’ reimbursement order

Two Indiana Supreme Court justices have once again published a dissent from a 3-2 transfer ruling, which this time let stand a monthly reimbursement order for the parents of an adjudicated teen despite their alleged struggle to meet the payment requirements. Justices Steven David and Christopher Goff argued the trial court should have conducted a specific inquiry into the parents’ ability to pay the ordered reimbursement.

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Father’s assertion of Fifth Amendment rights splits COA

Even though the Indiana Court of Appeals had previously affirmed that the youngsters in this case were children in need of services, in part because of allegations of a father’s sexual abuse, it has reversed the termination of parental rights because the requirement that the father participate in a sex offender treatment program violated his Fifth Amendment right against self-incrimination.

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