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Thursday, April 11, 2013

Ind. Decisions - Is today the day for a transfer decision in Brewington?

Joel Schumm, professor at Indiana University's Robert H. McKinney School of Law, writes:

The online docket shows the Brewington case was transmitted on transfer on March 26. The Court is meeting in its weekly conference today after hearing oral arguments in three cases this morning; it will likely be discussing transfer petitions in several cases.

Unlike the U.S Supreme Court docket, which shows the conference date at which a case will be discussed, the Indiana Supreme Court provides no public record of when a case will be discussed at conference. Past practice and careful review of the Court's weekly transfer disposition list--issued a couple of days after the weekly conference--suggests a typical lag of a little over two weeks or more between the transmission of a case and its discussion at conference. For example, the high profile Paul Gingerich case was transmitted on February 20 and discussed at conference on March 7--fifteen days later.

My best guess is that Brewington will be discussed today, and we will know whether transfer is granted later today or tomorrow morning. The Gingerich order denying transfer was issued Friday morning after a Thursday conference. Orders are sometimes issued late on Thursday afternoon. If the case is simply set for argument to decide whether to grant transfer, though, official word will not come for a few days. Instead, the Court will send a fax to the parties about the tentative argument date with instructions to promptly notify the Court of a conflict.
ILB: Here is the long list of ILB entries on the blogger Daniel Brewington free speech appeal.

Posted by Marcia Oddi on April 11, 2013 10:57 AM
Posted to Ind. App.Ct. Decisions