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Monday, September 16, 2013

Ind. Courts - Supreme Court requests additional briefing and invites amicus participation in pro se appeal

From the Sept. 6th transfer list, where the Supreme Court granted transfer:

Bryant E. Wilson v. State of Indiana - This was a 2-1, 6/3/13 opinion, where the majority writes:
On appeal, Wilson renews his argument that “the trial court lacked statutory authority in holding a part of his executed sentence in abeyance.” We take this to mean that the trial court allegedly lacked statutory authority to impose partially consecutive sentences. Wilson cites no statute that expressly prohibits partially consecutive sentences, and in fact there is currently a difference of opinion on this Court regarding whether such sentences are permissible.
A review of the case docket shows that Wilson represented himself in the appeal, but he did not participate in the oral argument before the COA. The COA decided the case without oral argument.

Now the Supreme Court has granted transfer, and most likely there will be oral argument. What happens now?

Here is an answer, in the form of a Supreme Court order filed Sept. 9th, but just recently posted. It is that the Court will request additional briefing and invite amicus participation. From the order:

The Supreme Court is interested in receiving additional briefing on the issue of whether the imposition of a partially consecntive sentence is error. Accordingly, the Court directs the Public Defender of Indiana to file a notice of appearance as an amicus curiae no later than September 20, 2013, and to file an amicus brief no later than October 21, 2013. In addition, the Court invites any other interested entities to participate as amici curiae. Other entities willing to prepare and fi Ie an amicus curiae brief are requested to file a motion on or before September 20, 2013, seeking leave to appear as amicus curiae. The Court encourages the submission of joint briefs. Briefs submitted by the Public Defender of Indiana and others granted amicus curiae status will be due no later than October 21, 2013. The State of Indiana shall file a single supplemental brief discussing the issue and responding to points raised by amici curiae no later than November 27, 2013. Mr. Wilson may also file a supplemental brief by November 27, 2013. * * *

The Clerk is directed to send a copy of this order to Mr. Wilson and all counsel of record.

In addition, the Clerk is directed to send a copy of this order to the Public Defender of Indiana; the Attorney General of Indiana; the Indiana Public Defender Council; the Prosecuting Attorneys Council; the Indiana Judicial Center as staff agency for the Judicial Conference of Indiana; and the Indiana State Bar Association. Those entities are encouraged to distribute a copy of this order to others as they see fit.

Posted by Marcia Oddi on September 16, 2013 01:00 PM
Posted to Indiana Transfer Lists