Monday, May 12, 2014
Ind. Decisions - Transfer list for week ending May 9, 2014
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Here is the Clerk's transfer list for the week ending Friday, May 9, 2014. It is two pages (and 17 cases) long.
One transfer was granted last week:
- Rodregus Morgan v. State of Indiana - this was a Feb. 13, 2014 COA opinion (3rd case) concluding: "Based on the foregoing, we conclude that Section (a)(4) of the public intoxication statute is unconstitutionally vague and cannot be the basis of Morgan’s conviction. We also conclude that there is sufficient evidence to uphold Morgan’s conviction for disorderly conduct." (Note that this case was the focus of a WSJ Law Blog post, here).
AFTER FURTHER REVIEW, INCLUDING CONSIDERING THE POINTS PRESENTED BY COUNSEL AT ORAL ARGUMENT ON APRIL 17, 2014 AND DISCUSSION AMONG THE JUSTICES IN CONFERENCE AFTER THE ARGUMENT, THE COURT HAS DETERMINED THAT IT SHOULD NOT ASSUME JURISDICTION OVER THIS APPEAL.
ACCORDINGLY, THE COURT OF APPEALS NOT-FOR-PUBLICATION MEMORANDUM DECISION, SAMPLE V. STATE, NO. 45A03-1302-CR-52 (IND. CT. APP. SEPT. 19, 2013), IS REINSTATED AS A MEMORANDUM DECISION AS DESCRIBED IN APPELLATE RULE 65(D), THE ORDER GRANTING TRANSFER OF JURISDICTION ON JANUARY 9, 2014 IS VACATED, AND TRANSFER IS HEREBY DENIED.
DAVID, MASSA, AND RUSH, JJ., CONCUR. DICKSON, C.J., AND RUCKER, J., DISSENT TO THE ORDER VACATING TRANSFER.
Posted by Marcia Oddi on May 12, 2014 01:09 PM
Posted to Indiana Transfer Lists