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Monday, April 21, 2014

Indiana Decisions - More on "No judicial discretion in some expungement cases"

Referring to this ILB entry from earlier this morning, on the Court of Appeals decision April 17th in Jason Taylor v. State of Indiana, Indianapolis attorney Tyler Helmond writes:

Thanks for your story on Jason Taylor v. State of Indiana. I was wondering, the Taylor opinion says HEA 1155 is effective July 1, 2014, but the language from the legislation indicates it is [EFFECTIVE UPON PASSAGE] and “an emergency is declared for this act.” Does this seem inconsistent with the court’s opinion?
I responded:
Darn, I didn't catch that, but you are correct and I even have an earlier post headlined Ind. Courts - The new expungement changes took effect March 26th. What are they?

But I don't think it impacts the court's opinion with respect to this defendant. I expect his expungement efforts in Lake County took place before March 26, 2014.

Mr. Helmond responded:
I think you are right. I don’t think it has any impact on the merits of that case, but it may cause confusion as to what the effective date really is.
Here is HEA 1155. The Court's statement that it is effective July 1, 2014 is found in footnote 1 at p. 8.

Posted by Marcia Oddi on April 21, 2014 11:15 AM
Posted to Ind. App.Ct. Decisions