Opinion
23S-PL-267
12-05-2024
Bernard A. Carter, in his official capacity as Prosecuting Attorney for the 31st Judicial Circuit, and Stanley M. Levco, in his official capacity as Special Prosecuting Attorney, Appellants, v. Oscar Martinez, Jr., personally and in his official capacity as Lake County Sheriff, Appellee.
Trial Court Case No. 45D01-2211-PL-649
PUBLISHED ORDER
Loretta H. Rush, Chief Justice of Indiana
This case is before the Court on direct appeal of an order by the Lake Superior Court declaring Indiana Code section 35-47-2-1.5(b)(6) unconstitutional in violation of Article 1, Section 32 of the Indiana Constitution and the Second Amendment to the United States Constitution. See Ind. Appellate Rule 4(A)(1)(b).
Each party informed the Court through their respective briefing that Martinez pled guilty to a misdemeanor. Because the parties agree Martinez is no longer subject to the statute at issue, we find that the question of whether the statute is unconstitutional is moot. See I.J. v. State, 178 N.E.3d 798 (Ind. 2022).
Being duly advised, the Court VACATES the trial court's injunction and REMANDS this case to the trial court to dismiss the case as moot.
Done.
All Justices concur.