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Thursday, June 05, 2014

Ind. Decisions - Supreme Court reinstates State v. Gray as COA precedent

On Feb. 10th the Supreme Court granted transfer in State of Indiana v. Molly Gray. Oral argument was held May 29th and may be viewed here.

Posted today, and filed June 2nd, is this order, stating in part:

By order dated February 6, 2014, the Court granted a petition seeking transfer of jurisdiction from the Court of Appeals, and heard oral argument on May 29, 2014. After further consideration and discussion among the Justices following the argument, the Court has determined that it should not assume jurisdiction over this appeal and that the Court of Appeals opinion, State v. Gray, 997 N.E.2d 1147 (Ind. Ct. App. 2013), should be REINSTATED as Court of Appeals precedent. Accordingly, the order granting transfer is VACATED, and transfer is hereby DENIED. Pursuant to Appellate Rule 58(B), this appeal is at an end. The Court extends its appreciation to the attorneys, Cynthia L. Ploughe and Michael H. Hagedorn, for their presentations at the argument.
The Nov. 13, 2013 COA opinion, now reinstated, concluded:
Without addressing the validity of the initial stop, we conclude that the free-air canine sniff was not conducted incidental to the traffic stop and so required reasonable suspicion to justify increasing the duration of the stop. Finding that Officer Jackson lacked reasonable suspicion, we hold that the seizure was a violation of the Fourth Amendment and that the trial court did not err in suppressing the evidence. We affirm.

Posted by Marcia Oddi on June 5, 2014 10:56 AM
Posted to Ind. Sup.Ct. Decisions