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Tuesday, May 10, 2011

Ind. Decisions - Transfer improvidently changed in Peete v. State [Corrected]

The Supreme Court, in an order filed yesterday in the case of Tonya Peete v. State, ruled:

By order dated April 7, 2011, the Court granted transfer of jurisdiction in this criminal appeal and vacated the Court of Appeals not-for-publication memorandum decision. 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 of jurisdiction is VACATED.

The transfer petition filed by Appellant Pete is DENIED. See App. R. 58(B). The Court of Appeals not-for-publication memorandum decision, Peete v. State, No. 49A05-1004-CR-220, slip op. (Ind. Ct. App. Nov. 24, 2010), is no longer vacated and is REINSTATED.

From the April 11th ILB transfer list summary:
Tonya M. Peete v. State of Indiana (NFP) is a Nov. 24, 2010 opinion that concluded: "We conclude that the evidence presented at trial was sufficient to support the trial court's determination that Peete was indeed served with the ex parte protection order and therefore twice intentionally or knowingly violated it by contacting Watson."
The ILB is confused by the Court's statement "After further review, including oral argument," as oral argument has not been held by the Court.

[Correction at 3:50 PM]
An ever-alert reader points out that the Supreme Court held oral argument in Peete on April 27th at 9:00 AM, and you may watch it at the link.

A second reader writes to say: "It was originally set in May but then moved up to April 27." Apparently in place of Clancy, which the ILB had listed for that date and time, but which was cancelled. Sorry for overlooking the change ...

Posted by Marcia Oddi on May 10, 2011 01:47 PM
Posted to Ind. App.Ct. Decisions | Ind. Sup.Ct. Decisions | Indiana Transfer Lists