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Friday, February 07, 2014

Ind. Decisions - Supreme Court vacates transfer in Jesse Brown v. DCS case

The Supreme Court has now posted this order, file-stamped Feb. 4th:

By order dated October 4, 2013 [ILB: access here], the Court granted a petition seeking transfer of jurisdiction from the Court of Appeals. The appellant and transfer petitioner, Jesse Brown, by counsel, has filed a "Motion to Dismiss Appeal," advising that he no longer wishes to challenge the decision of the Court of Appeals. The appellee, Indiana Department of Child Services, has filed a response opposing dismissal of this appeal.

Following discussion among the Justices in conference, and being duly advised, the Court has determined that it should not assume jurisdiction over this appeal and that the Court of Appeals opinion reported as Brown v. Indiana Dep’t of Child Servs., 993 N.E.2d 194 (Ind. Ct. App. 2013), should be reinstated as Court of Appeals precedent. Accordingly, the order granting transfer is VACATED and transfer is hereby DENIED. The February 13, 2014, oral argument setting also is VACATED. Pursuant to Appellate Rule 58(B), this appeal is at an end.

ILB: Brown was a May 29, 2013 NFP opinion.

Note that although it was issued as a NFP opinion by the Court of Appeals, the Supreme Court says here that it "should be reinstated as Court of Appeals precedent." The COA had reclassified the opinion as "for publication" on June 28, 2013.

Posted by Marcia Oddi on February 7, 2014 12:54 PM
Posted to Indiana Transfer Lists