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Thursday, October 31, 2013

Ind. Decisions - Supreme Court issues one today, on a rehearing petition

In Robert Bowen v. State of Indiana, in a 2-page per curiam opinion on a petition for rehearing, the Court writes:

Bowen again requests that the case be remanded with instructions for imposition of concurrent sentences. We again reject that request, but expand our remand instructions as follows:
On remand for a new sentencing order that responds to concerns raised by the Supreme Court, the trial court may discharge this responsibility by (1) issuing a new sentencing order without taking any further action, (2) ordering additional briefing on the sentencing issue and then issuing a new order without holding a new sentencing hearing, or (3) ordering a new sentencing hearing at which additional factual submissions are either allowed or disallowed and then issuing a new order based on the presentations of the parties.
Taylor v. State, 840 N.E.2d 324 (Ind. 2006).

Accordingly, we grant rehearing for the limited purpose of modifying the remand instructions, and otherwise deny the rehearing petition.

Here is the June 14th opinion in Bowen v. State.

Posted by Marcia Oddi on October 31, 2013 10:57 AM
Posted to Ind. Sup.Ct. Decisions