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Wednesday, November 22, 2006
Ind. Decisions - Supreme Court issues one today
In Jeffrey Voss v. State of Indiana (Interlocutory Appeal from the Marion Superior Court No. 49G02-0412-MR-232452 Hon. Judges Robert R. Altice, Jeffrey V. Boles, and Grant W. Hawkins), a 12-page, 5-0 opinion, Jusrtice Dickson writes:
Defendant Jeffrey Voss, charged with murder and facing the State's request for the death penalty, challenges proceedings culminating in a change from the judge originally assigned to this case. This interlocutory appeal is brought pursuant to the trial court's unrestricted grant of the defendant's request for certification of an interlocutory appeal on the following issues: "whether the State's submission was adequate as a matter of law to challenge the bias of the judge; whether a special judge may be appointed, over objection, to decide the recusal of a judge; and whether the finding of recusal by the special judge was sufficient as a matter of law." Appellant's App'x. at 224. We find both that the State's motion for change of judge was insufficient and that it was error to appoint a special judge to decide the motion. * * *Conclusion. We vacate both the May 26, 2006, order of Judge Boles implicitly granting the State’s motion for change of judge and ordering reassignment of this case to a different judge, and the order of Judge Hawkins initially transferring the case to Judge Boles for ruling on the State’s recusal motion. We remand this case to Judge Hawkins so that he may personally consider whether to disqualify himself from the case if he deems it appropriate pursuant to Canon 3(E) of the Code of Judicial Conduct, and for any further proceedings consistent with this opinion.
Posted by Marcia Oddi on November 22, 2006 11:05 AM
Posted to Ind. Sup.Ct. Decisions