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Thursday, April 02, 2009

Ind. Decisions - Court of Appeals issues 1 today (and 0 NFP)

For publication opinions today (1):

In Travis L. Roberson v. State of Indiana, a 2-page, 2-1 opinion on a petition for rehearing, Judge Bradford writes:

Appellant/Defendant Travis L. Roberson and Appellee/Plaintiff the State of Indiana both petition this court for rehearing. We grant the State’s petition for the limited purpose of clarifying that one may challenge a waiver into adult court at any time, as it involves a question of subject matter jurisdiction. * * * [A]ny language in our original opinion indicating that Roberson waived the issue for appellate review by pleading guilty is superseded by this opinion on rehearing. We reaffirm our original disposition in all other respects, including our conclusion that the trial court did not abuse its discretion in waiving Roberson into adult court.

Bailey, J., concurs.
Riley, J., dissents. [Apparently without opinion.]

NFP civil opinions today (0):

NFP criminal opinions today (0):

Posted by Marcia Oddi on April 2, 2009 11:55 AM
Posted to Ind. App.Ct. Decisions