Monday, February 25, 2013
Ind. Decisions - Transfer list for week ending February 22, 2013 [Updated]
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Here is the Clerk's transfer list for the week ending Friday, February 22, 2013. It is two pages (and 18 cases) long.
One transfer was granted last week, with opinion.
- Kathleen Peterink v. State of Indiana - see the ILB summary here.
Transfer Vacated and Denied - David, Massa, and Rush, JJ., concur. Rucker, J., dissents with separate opinion in which Dickson, C.J., concurs.[More] Here is the order in Wells. A quote: "[T]he Court has determined that it should not assume jurisdiction over this appeal and that the Court of Appeals not-for-publication memorandum decision, Wells v. State, No. 49A05-1012-CR-731 (Ind. Ct. App. Sept. 22, 2011), should be reinstated as a memorandum decision."
[Updated 2/27/13] Attached to the order is an 11-page dissent ("Rucker, J., dissents with separate opinion in which Dickson, C. J., concurs.") It begins:
Defendant seeks interlocutory review of the trial court’s order denying his motion for severance of offenses pursuant to Indiana Code section 35-34-1-11. Passing on the opportunity to provide guidance and clarity on an area of the law in need of both, the majority declines to address the defendant’s arguments. I would grant transfer and do so. Therefore I dissent from today’s order denying the defendant’s Petition to Transfer. * * *
[O]ur traditional approach is in need of reconsideration. Therefore, based on the foregoing discussion of the interplay between statutory severance and the Indiana Rules of Evidence I would grant transfer and remand this cause to the trial court for a hearing to determine (1) whether the offenses with respect to each alleged victim are of the same or similar character; (2) whether evidence of each of the offenses is relevant to some material issue at trial of all the other offenses under Indiana Evidence Rule 404(b); and (3) whether the evidence of the other offenses even though relevant should be excluded under Indiana Evidence Rule 403.10 If the hearing reveals that evidence of the offenses for which Wells is charged would be inadmissible in separate trials of the same offenses, then he would be entitled to severance as a matter of right under Indiana Code section 35-34-1-1. Otherwise Wells would not be so entitled.
Posted by Marcia Oddi on February 25, 2013 11:17 AM
Posted to Indiana Transfer Lists