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Friday, October 28, 2011

Ind. Decisions - Supreme Court vacates transfer in case heard last Thursday

The Supreme Court heard oral argument in the case of Jennings Daugherty v. State of Indiana on Wednesday, October 19th. In a 5-0 order filed Oct. 26th and posted today, the CJ writes:

By order dated August 18, 2011, the Court granted a petition seeking transfer of jurisdiction of this appeal from the Court of Appeals to this Court. After further review, including oral argument, the Court has determined that transfer of jurisdiction was improvidently granted. Accordingly, the order granting transfer is VACATED and the transfer petition is DENIED.

The Court of Appeals not-for-publication memorandum decision, Daugherty v. State, No. 89A01-1010-CR-520, slip op. (Ind. Ct. App. May 9, 2011), is no longer vacated under Appellate Rule 58(A) and is reinstated. But see App. R. 65 (addressing the precedential value of not-for-publication decisions). This appeal is at an end pursuant to Appellate Rule 58(B).

Posted by Marcia Oddi on October 28, 2011 11:23 AM
Posted to Ind. Sup.Ct. Decisions