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Tuesday, May 25, 2010

Ind. Decisions - Transfer brief lauded by CJ Shepard now available

In this ILB entry on Monday, I wrote:

No transfers were granted last week. However, the denial of transfer in the case of Cory A. McClarin v. State of Indiana contains this out-of-the-ordinary notation:
Denied - All Justices concur. Shepard, C.J., joins in denying the Petition to Transfer, believing that the trial court has correctly been affirmed, but compliments to attorney Donald Shuler on the very high quality of the brief he filed on his client's behalf.
Here is the 3/16/2010 NFP COA opinion. The ILB will try to obtain a copy of the brief submitted to the Supreme Court to post for ILB readers!
I am happy to report that this morning I heard from Donald R. Shuler, Barkes, Kolbus & Rife, LLP, Goshen, Indiana. He wrote:
Ms. Oddi:

I am a fairly regular reader of the Indiana Law Blog and noticed your recent post containing the Transfer List for last week, which contains the notation from Chief Justice Shepard regarding the Petition I submitted in the case. If you still would like a copy of that Petition I would gladly forward/email a copy to you.

I have re-read the Petition several times since I received the notice to attempt to determine what CJ Shepard found noteworthy. I guess you never know what will strike a judge.

Anyway, since I have the opportunity, I would like to pass my gratitude on for your site. As I have been working to develop an appellate practice, your blog has been incredibly helpful in staying up to date on Indiana legal issues.

Of course I replied affirmatively, and Mr. Shuler sent me the documents, accompanied by this note:
I have attached the Petition, which contains the main body of the Petition for Transfer in the case. Also attached are the Questions Presented and Table of Contents/Authority. I always have them in separate documents, and while I assume you are most interested in the body of the Petition, thought I would attach that just to be safe
I have put the two together. Now, with much appreciation to Mr. Shuler, the ILB is making available the transfer petition in the case of McClarin v. State.

Posted by Marcia Oddi on May 25, 2010 02:20 PM
Posted to Indiana Transfer Lists