Wednesday, May 24, 2006
Ind. Decisions - Supreme Court issues one today (Butchie is back!)
In Robert Trimble v. State of Indiana, a 3-page ruling, Justice Boehm adresses the peition for rehearing:
Trimble was convicted after a bench trial of cruelty to an animal, a Class B misdemeanor, and harboring a non-immunized dog, a Class C infraction. The Court of Appeals reversed, finding that the State’s evidence was gathered in violation of the federal and Indiana constitutions. Trimble v. State, 816 N.E.2d 83, 86 (Ind. Ct. App. 2004). Because of this disposition, the Court of Appeals did not address two other issues Trimble raised on appeal. We granted transfer and affirmed the trial court’s finding that the evidence was not obtained in violation of Trimble’s constitutional rights and was therefore admissible. Trimble v. State, 842 N.E.2d 798, 804 (Ind. 2006). Trimble seeks rehearing. He correctly points out that neither the Court of Appeals nor this Court has addressed his other two issues. * * *For background, see this list of ILB entries.
[After briefly dealing with the two issues, Boehm concludes]
Trimble’s Petition for Rehearing is granted. The judgment of the trial court is affirmed.
Shepard, C.J., and Dickson, Sullivan, and Rucker, JJ. concur.
Posted by Marcia Oddi on May 24, 2006 11:42 AM
Posted to Ind. Sup.Ct. Decisions