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Tuesday, October 25, 2016

Ind. Decisions - Supreme Court rejects COA's “specious and not supported by cogent reasoning” assessment of appellant's argument

In Victor Karp v. State of Indiana, a 2-page per curiam opinion, the Court writes:

Karp argued the trial court sentenced Karp more harshly because he exercised his constitutional right to a jury trial.

The Court of Appeals affirmed Karp’s conviction and sentence. Karp v. State, No. 15A04- 1601-CR-32 (Ind. Ct. App. 2016). In so doing, the court found Karp’s sentencing argument “specious and not supported by cogent reasoning.” Id. at 6. While we agree with our colleagues’ ultimate resolution of the sentencing issue and the case as a whole, we do not share their assessment of Karp’s sentencing argument. Accordingly, we grant transfer and summarily affirm the Court of Appeals opinion pursuant to Indiana Appellate Rule 58(A), with the exception of the abovequoted passage, which is hereby vacated.

Rush, C.J., and Rucker and David, JJ., concur.
Massa and Slaughter, JJ., concur in result.

Posted by Marcia Oddi on October 25, 2016 03:12 PM
Posted to Ind. Sup.Ct. Decisions