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Tuesday, October 09, 2007

Ind. Decisions - More on: Trial court ruling could void IMPD arrests

Updating this ILB entry from August 8th, where the ILB quoted from an Indianapolis Star story that began:

A Marion Superior Court judge ruled today that a woman's arrest on drunken driving charges was illegal because the police officer had not been properly sworn in after the creation of Indianapolis Metropolitan Police Department.

The ruling likely means charges against Cheryl Oddi-Smith, 44, will be thrown out of court. She was arrested Jan. 15 after a three-car fender-bender on Thompson Road near Arlington Avenue and was charged with misdemeanor and felony counts of operating a vehicle while intoxicated.

But Judge Reuben Hill's ruling could have wider impact. He agreed with defense attorneys Annie Fierek and James Voyles that officer William J. Bueckers, who arrested Oddi-Smith, was not sworn in after the merger of the Indianapolis Police Department and the Marion County Sheriff's Department took effect Jan. 1.

Today the Supreme Court has announced that it has granted transfer in the case of State v. Cheryl Oddi-Smith.

Although the Clerk's docket has not been updated since 9/12/07 in the case (49 A 05 - 0708 - CR - 00445), it appears that the transfer is granted under Rule 56(A), which provides:

In rare cases, the Supreme Court may, upon verified motion of a party, accept jurisdiction over an appeal that would otherwise be within the jurisdiction of the Court of Appeals upon a showing that the appeal involves a substantial question of law of great public importance and that an emergency exists requiring a speedy determination. If the Supreme Court grants the motion, it will transfer the case to the Supreme Court, where the case shall proceed as if it had been originally filed there. If a filing fee has already been paid in the Court of Appeals, no additional filing fee is required.

Posted by Marcia Oddi on October 9, 2007 12:46 PM
Posted to Ind. Trial Ct. Decisions | Indiana Transfer Lists