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Thursday, October 23, 2008

Ind. Decisions - Prior order granting transfer vacated in Hollars case

Updating this ILB entry from Oct. 16, the Supreme Court today has issued an Order Vacating Prior Order Granting Transfer in the case of State v. Shannon Hollars. From the Order, signed by CJ Shepard, with Dickson, Boehm, and Rucker, JJ., concurring and voting to deny transfer, and Sullivan, J., dissenting, and voting to grant transfer:

By order dated August 28, 2008, the Court granted a petition seeking transfer of jurisdiction over this appeal from the Court of Appeals to this Court. After further review, including oral argument, a majority of the Court has determined that transfer was improvidently granted.

Accordingly, the order granting transfer is VACATED. The Court of Appeals opinion reported as State v. Hollars, 887 N.E.2d 197 (Ind. Ct. App. 2008), is no longer vacated under Appellate Rule 58(A) and is REINSTATED as Court of Appeals precedent.

The transfer petition filed by Appellee Hollars is DENIED.

Pursuant to Appellate Rule 58(B), this appeal is at an end.

Posted by Marcia Oddi on October 23, 2008 02:04 PM
Posted to Ind. Sup.Ct. Decisions | Indiana Transfer Lists