Monday, October 01, 2012
Ind. Decisions - Transfer list for week ending September 28, 2012
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Here is the Clerk's transfer list for the week ending Friday, September 28, 2012. It is two pages (and 24 cases) long.
Three transfers were granted last week.
- In Re: The Visitation of M.L.B., K.J.R. v. M.A.B. - This was a June 14, 2012 NFP COA opinion about which the ILB wrote at the time: "This is a 2-1 grandparent visitation rights opinion that might have been classified as 'For Publication' (IMHO)."
- Anthony Wade v. Terex-Telelect, Inc. - This was a 2-1 April 11, 2012 COA opinion reversing the trial court on a jury instruction in a products liability case.
- In Re: Prosecutor's Subpoena Regarding S.H. and S.C., S.H. v. State of Indiana - This was a June 22, 2012 COA opinion (3rd case):
S.H. and S.C. (collectively, “Parents”) appeal a trial court order granting the State’s petition to compel their testimony by providing use immunity. Parents argue a prosecutor may not grant use immunity when there is no grand jury proceeding and the persons whose testimony is sought have not been charged with a crime. * * *
While Parents’ argument is persuasive, we cannot reconcile the result they advocate with our Indiana Supreme Court’s statement that a prosecutor has the same ability to accumulate evidence as does a grand jury. We must agree with the State that the legislature’s explicit reference to grand jury proceedings in Ind. Code § 35-34-2-8 cannot be read to restrict the right of a prosecutor to seek use immunity when prosecution is initiated by means of an information rather than an indictment. Nor could the legislature have intended that prosecutors have fewer investigative tools before deciding to bring charges than they do after charges are brought. We accordingly affirm the trial court.
Posted by Marcia Oddi on October 1, 2012 11:15 AM
Posted to Indiana Transfer Lists