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Tuesday, November 09, 2010

Ind. Courts - More on "Supreme Court digs into Elkhart murder case"

From the Elkhart Truth story of Nov. 5th about the oral argument Nov. 4th in Taylor v. State:

Three of the five justices commented that the case, a complicated one, was unique.

"In my experience here this case is one-of-a-kind, where a man has been convicted of an offense where the jury hasn't even been instructed on the offense in the first place," said Justice Frank Sullivan. * * *

Justice Robert Rucker called the case "rather fascinating," while his colleague, Justice Brent Dixon, said it raised "intriguing issues."

However, on Nov. 5th the Court issued this order, stating in part:
After further review, including oral argument, a majority of the Court has determined that transfer of jurisdiction was improvidently granted. Accordingly, the order granting transfer is VACATED.
The Court of Appeals opinion reported as Taylor v. State, 922 N.E.2d 710 (Ind. Ct. App. 2010), is no longer vacated and is reinstated as Court of Appeals precedent. See App. R. 58(A) & (B). The transfer petition filed by Appellee is DENIED.
Thanks to the reader who alerted the ILB.

Posted by Marcia Oddi on November 9, 2010 10:07 AM
Posted to Indiana Transfer Lists