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Tuesday, January 10, 2017

Ind. Decisions - Does the State have standing to appeal in Groth v. State?

Concerning this ILB post this morning re the Court of Appeals decision in Groth v. State, where the FWJG quoted attorney Willam Groth as saying:

Groth doesn’t believe that the Pence administration –now run by new Gov. Eric Holcomb – has standing to appeal because it won the underlying case.
An attorney reader has sent the ILB this note:
Appellate Rule 57(B). Decisions From Which Transfer May be Sought. Transfer may be sought from adverse decisions issued by the Court of Appeals in the following form ...

Although technically a win ("affirmed"), I think the decision is still arguably adverse to the State because of the way in which it won.

ILB: Another question, of course, is whether the new administration would even want to appeal.

Posted by Marcia Oddi on January 10, 2017 01:58 PM
Posted to Ind. App.Ct. Decisions