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Tuesday, June 09, 2009

Ind. Decisions - Two more NFP COA decisions reclassified

Since this ILB post on May 12th, two more NFP opinions have been reclassified as For Publication. They are:

Here is something to note. In the Hollingsworth case, for instance, the Court's order on 6/5/09 reads:
HAVING REVIEWED THE MATTER, THE COURT FINDS AND ORDERS AS FOLLOWS:

1. THE APPELLEE'S VERIFIED MOTION FOR PUBLICATION OF MEMORANDUM DECISION IS GRANTED, AND THIS COURT'S OPINION HANDED DOWN IN THIS CAUSE ON APRIL 24, 2009, MARKED MEMORANDUM DECISION NOT FOR PUBLICATION IS NOW ORDERED PUBLISHED.

2. THE CLERK OF THIS COURT IS DIRECTED TO SEND COPIES OF SAID OPINION TOGETHER WITH COPIES OF THIS ORDER TO THE THOMSON REUTERS WEST PUBLISHING COMPANY AND TO ALL OTHER SERVICES TO WHICH PUBLISHED OPINIONS ARE NORMALLY SENT.

FOR THE COURT, JOHN G. BAKER, CHIEF JUDGE
CRONE, BRADFORD, AND BROWN, J.J., CONCUR. KJ

If you access the case now (see link above), the opinion is file-stamped 4/24/09 and there is no indication that it was ever deemed "NFP." If you access the case through other links, such as the one used by the ILB when it first posted the case when issued 4/24/09, you also will no longer see the NFP warning on the opinion. It is as if it never existed.

However, for a period of several months (three in the case of the Mays opinion), the strictures of Appellate Rule 65 applied to the opinion.

Posted by Marcia Oddi on June 9, 2009 10:30 AM
Posted to Ind. App.Ct. Decisions