Articles

Habitual offender changes not retroactive, COA holds

In affirming an Indianapolis man’s conviction of aggravated battery and a habitual offender adjudication, the Indiana Court of Appeals also held that revisions to the state’s habitual offender statute enacted a year ago are not retroactive.

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Appeals panel reverses expungement denial

A trial court that rejected an expungement petition because the petitioner had not been arrested on an underage drinking charge got it wrong, the Indiana Court of Appeals ruled Friday.

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ITCA does not apply to lawsuit challenging local firearm law

An Evansville man suing the city for enforcing a local law prohibiting firearms in public parks is not effectively bringing a tort claim, as the city argued in its motion on the pleadings. The Court of Appeals affirmed denial of the city’s motion, finding the claim is being brought pursuant to I.C. 35-47-11.1-5, which creates a private right of action for individuals to enforce that statute’s provisions.

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New-crime exception applies in Indiana

Tackling an issue of first impression, the Indiana Court of Appeals applied the new-crime exception under the exclusionary rule of the Fourth Amendment as well as under the Indiana Constitution.

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