Adams v. State

901 N.E.2d 1094, 2009 Ind. LEXIS 345, 2009 WL 481419

Opinions

PUBLISHED ORDER VACATING PRIOR ORDER GRANTING TRANSFER

By order dated September 28, 2008, the Court granted a petition seeking transfer of jurisdiction over this appeal from the Court of Appeals to this Court. After further review, including oral argument, a majority of the Court has determined that transfer was improvidently granted.

Accordingly, the order granting transfer is VACATED. The Court of Appeals opinion reported as Adams v. State, 890 N.E.2d 770 (Ind.Ct.App.2008), is no longer vacated under Appellate Rule 58(A) and is REINSTATED as Court of Appeals precedent. The transfer petition filed by Appellant Adams is DENIED.

Pursuant to Appellate Rule 58(B), this appeal is at an end. The Court DIRECTS the Clerk to certify the appeal as final and to send copies of this order to the Hon. John M. Marnocha, Judge, St. Joseph Superior Court; the Hon. John G. Baker, Chief Judge, Indiana Court of Appeals; Steve Lancaster, Court of Appeals Administrator; Danielle Sheff, Court of Appeals Administration Office; and all counsel of record.

The Court further DIRECTS the Clerk to send a copy of this Order to LexisNexis and to Thomson/West for publication online and in the bound volumes of this Court's decisions.

SHEPARD, C.J., and DICKSON, and RUCKER, JJ., concur. BOEHM, J., dissents from the denial of transfer with opinion, in which SULLIVAN, J., concurs.