Opinions July 8, 2024

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Indiana Court of Appeals
Jose Miguel Zuniga v. State of Indiana
23A-CR-3107
Criminal. Affirms Jose Zuniga’s convictions in Cass Superior Court of dealing in methamphetamine, a Level 2 felony; possession of a narcotic drug, a Level 5 felony; and unlawful possession of a firearm by a serious violent felon, a Level 4 felony, based on evidence obtained from a search of his house. Finds that Zuniga lacks standing to challenge Louise Antonio Lopez-Aleman’s arrest under Article 1, Section 11 of the Indiana Constitution. Also finds the trial court did not err by declining to exclude the evidence against Zuniga.

Chris A. Kelly v. Indiana Bureau of Motor Vehicles
23A-CT-2799
Civil tort. Grant the Indiana Bureau of Motor Vehicle’s petition for rehearing, strikes footnote 8 from the Indiana Court of Appeals’ original opinion, and affirms the court’s original opinion in all other respects. Finds Chris Kelly stated a claim for which relief may be granted, and the trial court erred in dismissing it. Also finds if the BMV fails to accurately maintain individuals’ records as required by statute, it is not a mere technicality and such a failure has real-life consequences, especially for the many individuals such as Kelly who have livelihoods that are dependent upon being able to legally drive a vehicle.

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