Monday, February 13, 2017
Ind. Decisions - Transfer list for week ending February 10, 2017
Here is the Clerk's transfer list for the week ending Friday, February 10, 2017. It is two pages (and 23 cases) long.
Two transfers were granted last week:
- State of Indiana v. Tyson Timbs - this was a 2-1, Oct. 20, 2016 COA opinion where the majority held "that forfeiture of the Land Rover violated the Excessive Fines Clause of the Eighth Amendment."
- T.A. v. State of Indiana -this was an Oct. 19, 2016 COA opinion (3rd case) re whether the juvenile court was permitted to consider T.A.’s post-petition criminal charge in granting a petition for expungement. The now-vacated COA opinion reversed the denial.
In addition, there were two cases last week where transfer was denied by a 3-2 vote:
- Carl Wayne Montgomery v. Patricia Ann Montgomery - Transfer Denied - Rucker, Massa, and Slaughter, JJ., concur. David, J., dissents with separate opinion in which Rush, C.J., joins.
See this ILB post from last Thursday, headed "Rare written dissent filed in denial of petition to transfer."
- State of Indiana v. Christopher J. Basinger - Transfer Denied - All Justices concur, except Rush, C.J., and Massa, J., who vote to grant the petition to transfer. This was an Oct. 12, 2016, 2-1 NFP COA decision.
Posted by Marcia Oddi on February 13, 2017 01:31 PM
Posted to Indiana Transfer Lists