Thursday, March 27, 2014
Ind. Courts - Transfer Statistics for 2013: Which Types of Cases Are Catching the Indiana Supreme Court’s Eye?
Commentary by Joel Schumm, professor at Indiana University's Robert H. McKinney School of Law
Remember those quarterly transfer stats? Sorry, I’m running a little behind.
This post instead offers a more probing overview of 2013 — not just the chart that considers published/unpublished and civil/criminal grants but also some analysis of the types of cases within those categories that garnered the Court’s attention in 2013.
|FP cases||NFP cases||FP & NFP|
|CRIMINAL||26/145 (17.9%)||9/387 (2.3%)||35/532 (6.6%)|
|ALL CASES||54/259 (20.8%)||18/516 (3.5%)||72/775(9.3%)|
Overall, transfer was more than twice as likely in civil cases (15.2%) than in criminal cases (6.6%). The numbers are far more bleak for those representing criminal defendants, who secured less than twenty of the grants, despite filing more than 500 of the petitions—or less than 4% odds.
Drilling into the civil and criminal categories by case type provides a more complete picture of the specific kinds of cases that caught the Court’s eye last year. Within the civil realm, transfer was most likely in the following:
|(certain) Administrative (EX)||2/6 (33%)|
|Guardianship (GU)||1/3 (33%)|
|Adoption (AD)||1/4 (25%)|
|Civil Tort (CT)||11/56 (20%)|
|Juvenile CHINS (JC)||1/5 (20%)|
|Civil Plenary (CP)||13/84 (15%)|
|Domestic Relation (DR)||3/23 (13%)|
|Termination of Parental Rights (JT)||3/28 (11%)|
|Miscellaneous (MI)||2/23 (9%)|
Among the three categories of criminal appeals, the variations were especially stark:
|Juvenile Delinquency||(JV) 4/9 (44%)|
|Criminal (CR)||29/391 (7%)|
|Post-Conviction (PC)||2/106 (2%)|
Although the end result is sometimes not affirmance of the conviction or adjudication, as explained in earlier posts the Attorney General’s office has seen nearly every petition for transfer it has filed in the past year granted. Nearly half (16.5) of the thirty-five grants last year were petitions from the State.** A separate post will consider the ultimate outcome in recent criminal appeals and whether any trends can be discerned from the new Court, which has been together now for nearly seventeen months.
*Cases that appear as N/A on the transfer list have been excluded. Cases in which transfer was granted in 2013 and vacated during the same year have also been excluded. Cases have not been excluded if transfer was granted in 2013 and vacated in 2014. The goal is to give a snapshot of the year, and these numbers may well change even further in the coming weeks and months.
**Guilmette is counted as 0.5 because both the State and Defendant’s petitions were granted.
Posted by Marcia Oddi on March 27, 2014 10:55 AM
Posted to Indiana Courts