Gerber v. State (Ind. Ct. App., May, J.) – Expungement statute does not require petitioner to wait until limitations period for dismissed charge has run, and trial judge erred in summarily dismissing expungement petition on that basis; on remand, prosecutor is not authorized to participate due to failure to have filed a notice of opposition.

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In determining indigency for the purpose of court-appointed counsel, trial courts should consider defendant’s actual income as of the time of the hearings and his fixed monetary obligations, including his obligations to his family.

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To constitute sufficient proof of notice under the bond forfeiture statute, State must at a minimum present evidence of compliance with Indiana Trial Rule 5(B), which governs service of papers in civil actions.

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Notwithstanding the recent revision of the relevant statutes, the General Assembly did not intend for DCS to bear the burden of court-appointed legal services in termination proceedings, and the county should continue to be responsible for those costs.

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Search of traffic stop passenger’s purse, on basis officer thought it looked “stretched” and might therefore contain a firearm, violated Art. 1, Section 11 of the Indiana Constitution.

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