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Wednesday, January 28, 2015

Ind. Decisions - More on: Rare published dissent to transfer denial [Updated]

Updating this ILB post from yesterday, re the Court's 3-2 denial of a transfer petition in a case, Shell v. State, involving allegations of prosecutorial misconduct, a reader points out that the date of the COA ruling, "May 9, 2012", cited within the majority order, is incorrect, and probably is a remnant of an older order.

As the ILB indicated in later in the post: "The Court of Appeals issued its 22-page NPF opinion in Shell v. State on July 14, 2014."

[Updated at 2:42 PM] A corrected version of the Order in Shell v. State has now been posted, replacing the erroneous date reference in yesterday's version; although it is marked "Corrected" the new version bears the identical file-stamp. The docket now contains this entry:

01-28-2015

IT HAS COME TO THE COURT'S ATTENTION THAT THE PUBLISHED
ORDER HANDED DOWN ON JANUARY 27, 2015 CONTAINS A TYPOGRAPHICAL
ERROR ON PAGE 1 AND PAGE 4. SPECIFICALLY, ON PAGE 1 THE DATE OF
THE COURT OF APPEALS MEMORANDUM DECISION ISSUED IN THE CASE WAS
STATED AS "MAY 9, 2012" BUT SHOULD HAVE BEEN "JULY 14, 2014."
ON PAGE 4 THE WORD "RESPECTIVELY" SHOULD HAVE BEEN
"RESPECTFULLY." THIS INADVERTANT ERROR WAS CORRECTED IN AN
ORDER DELIVERED TO THE CLERK WITH THIS NOTICE. THE CORRECTED
ORDER CONTAINS THE WORD "CORRECTED" BENEATH THE TITLE OF THE
ORDER. NO OTHER CHANGE WAS MADE TO THE PUBLISHED ORDER DENYING
TRANSFER. NEITHER THE CORRECTED ORDER NOR THIS NOTICE ALTER ANY
DUE DATE.

THE CLERK IS DIRECTED TO (1) ENTER THIS NOTICE OF CHANGE ON
THE CHRONOLOGICAL CASE SUMMARY; (2) SERVE ALL COUNSEL OF RECORD
WITH A COPY OF THE CORRECTED ORDER AND THIS NOTICE; (3) REMOVE
THE ORIGINAL ORDER FROM THE COURT'S WEBSITE AND POST THE
CORRECTED ORDER IN ITS PLACE; AND (4) SEND A COPY OF THIS NOTICE
TO THOMSON/REUTERS, LEXISNEXIS, AND WOLTERS KLUWER.
MARK S. MASSA, ACTING CHIEF JUSTICE
(NOTICE REC'D ON 01/28/15 @ 9:43 AM) ENTERED ON 01/28/15 AB

Posted by Marcia Oddi on January 28, 2015 08:44 AM
Posted to Ind. Sup.Ct. Decisions