Johnnie M. Trout Jr. v. State of Indiana
2015 Ind. App. LEXIS 156
| Ind. Ct. App. | 2015Background
- In 1997 Trout was charged with four counts arising from a single shooting incident: attempted murder (Count I), criminal recklessness with a deadly weapon (Count II — fired warning shots), and two counts of pointing a firearm (Counts III and IV). A jury convicted Trout of Counts II and III and acquitted him of Counts I and IV.
- Trout completed his sentence and, in January 2014, filed a petition for mandatory expungement under Ind. Code § 35-38-9-3 (the 2013 Chapter 9 expungement statute).
- Section 35-38-9-3(b)(3) bars mandatory expungement for “a person convicted of a felony that resulted in bodily injury to another person.” The parties agreed Trout met the statutory prerequisites for mandatory expungement except for subsection (b)(3).
- The State opposed expungement based on the probable-cause affidavit showing a woman (Kimberly) was shot and injured during the same incident; the State argued the court could consider the entire episode even if Trout was not convicted of the charge tied to the injury.
- The trial court denied expungement, reasoning it could consider the whole sequence of events (including the injury) and could not “turn a blind eye” to Kimberly’s injury. Trout appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether subsection (b)(3) disqualifies Trout from mandatory expungement because of bodily injury that occurred during the same incident | The State: the court may consider the entire course of conduct; the shooting and injury during the episode render Trout ineligible | Trout: the statute bars only convictions that themselves resulted in bodily injury; his convictions did not result in bodily injury | Reversed — the statute’s plain language disqualifies only persons convicted of a felony that resulted in bodily injury; Trout’s convictions did not result in bodily injury, so he is eligible for mandatory expungement |
Key Cases Cited
- Taylor v. State, 7 N.E.3d 362 (Ind. Ct. App. 2014) (discusses expungement provisions under new Chapter 9)
- Wall v. Plummer, 13 N.E.3d 420 (Ind. Ct. App. 2014) (statutory interpretation standards)
- Alvey v. State, 15 N.E.3d 72 (Ind. Ct. App. 2014) (controls which version of the statute applies to a petition)