Kerry J. Greenwell v. State of Indiana (Order)

• Court: Indiana Supreme Court
• Decided: November 5, 2008
• Docket: 82A04-0709-PC-524
• Status: Published

Opinion

Jndtana Supreme Court ~— qes™ | ss baw ke Kerry J. GREENWELL, Court of Appeals Cause Now £1! 6" Appellant, ) 82A04-0709-PC-524 ) v. ) Vanderburgh Superior Court ) Cause No. 821D02-9004-CF-188 STATE of Indiana, ) Appellee. )

ORDER DISMISSING PETITION TO TRANSFER

Appellant’s petition to transfer is currently pending in this Court. On September 8, 2008, we granted Appellant's motion to vacate an oral argument setting and remanded the case to the trial court so that court could review and, if appropriate, approve the parties’ settlement agreement whereby Appellant would withdraw his petition for post-conviction relief in exchange for a modification of his sentence.

Appellant now files a “Verified Motion To Dismiss Petition To Transfer.” The motion states that the trial court issued an order approving a negotiated settlement on September 24, 2008, and that the “matter has now been resolved to the agreement of both parties.” Appellant requests that his transfer petition be dismissed.

Being duly advised, the Court hereby GRANTS Appellant’s Verified Motion. This Appellant's petition to transfer is hereby DISMISSED.

The Clerk is directed to send copies of this order to all counsel of record and ta post this order on the Court's website. The Court further directs the Clerk to send a copy of this Order to LexisNexis and to Thomson/West for publication in the bound volumes of this Court's decisions.

oth Nov. Done at Indianapolis, Indiana, ths day of Gelober, 2008,

Cp i | Randall ‘I’, Shep4rd Chief Justice of Indiana

All Justices concur,