Hardy v. State

Indiana Supreme Court

Hardy v. State

439 N.E.2d 153, 1982 Ind. LEXIS 844

CourtIndiana Supreme Court

DecidedJune 25, 1982

DocketNo. 682S240

StatusPublished

This text of 439 N.E.2d 153 (Hardy v. State) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Hardy v. State, 439 N.E.2d 153, 1982 Ind. LEXIS 844 (Ind. 1982).

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Opinion

ORDER

This Cause is before us upon the Petition to Transfer of Plaintiff (Appellee), the State of Indiana. The Petition to Transfer is Granted pursuant to Ind.R.App.P. 11(B)(2) in that the opinion of the Court of Appeals, Fourth District, found at Hardy v. State, (1981) Ind.App., 429 N.E.2d 281 contravenes ruling precedent of this Court, to wit: Wireman v. State, (1982) Ind., 432 N.E.2d 1343, 1346-49, and the decision and opinion of the Court of Appeals are vacated.

The Court of Appeals, having reversed the judgment of the trial court, did not address all issues submitted by the appeal. The case is, therefore, hereby remanded to the Court of Appeals with instructions to grant the State’s Petition for Rehearing and to determine the appeal in the light of Wireman v. State, supra.

GIVAN, C. J., and HUNTER, PRENTICE and PIVARNIK, JJ., concur. DeBRULER, J., dissents to the Order and votes to grant transfer.

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ORDER

This Cause is before us upon the Petition to Transfer of Plaintiff (Appellee), the State of Indiana. The Petition to Transfer is Granted pursuant to Ind.R.App.P. 11(B)(2) in that the opinion of the Court of Appeals, Fourth District, found at Hardy v. State, (1981) Ind.App., 429 N.E.2d 281 contravenes ruling precedent of this Court, to wit: Wireman v. State, (1982) Ind., 432 N.E.2d 1343, 1346-49, and the decision and opinion of the Court of Appeals are vacated.

The Court of Appeals, having reversed the judgment of the trial court, did not address all issues submitted by the appeal. The case is, therefore, hereby remanded to the Court of Appeals with instructions to grant the State’s Petition for Rehearing and to determine the appeal in the light of Wireman v. State, supra.

GIVAN, C. J., and HUNTER, PRENTICE and PIVARNIK, JJ., concur. DeBRULER, J., dissents to the Order and votes to grant transfer.

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439 N.E.2d 153, 1982 Ind. LEXIS 844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hardy-v-state-ind-1982.

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