Friday, April 01, 2005

Transfers: Three granted, two on State's petitions.

It's Friday. That means transfer day over on the Indiana Law Blog. Here's Marcia Oddi's link to the week's transfer list.

The Supreme Court has granted transfer in two criminal cases and one civil case. The cases are:

Kenyan Taylor v. State, Court of Appeals No. 48A02-0402-PC-133 (Ind. Ct. App. January 14, 2005);

Terrease Nesbitt v. State, Court of Appeals No. 71A05-0404-CR-200 (Ind. Ct. App. November 24, 2004) (mem.); and

City of Vincennes v. Kevin Emmons, Court of Appeals No. 42A02-0402-CV-193 (Ind. Ct. App. November 10, 2004).

It was the State that sought transfer in both criminal cases. In Taylor, the Court of Appeals reversed a denial of post-conviction relief on an ineffective assistance claim.

Although Nesbitt is unpublished, according to the online docket, the Court of Appeals affirmed the convictions but remanded for resentencing. The sentencing in the case took place well before Blakely, but the brief was filed last August, a month after Blakely, so it might be a Blakely case. I'm trying to get a blog helper to get the opinion. There isn't anything in the docket entries to give it away.

It is my impression that I cannot back up with a hard statistic that the Supreme Court has been granting a disproportionately large number of the State's transfer petitions, especially in cases in which the Court of Appeals' opinion was unpublished.

I have a Blakely trench report to get to. It was a very interesting morning in court on my one live Blakely case in a trial court. The background to the case can be found here and here. Documents I filed in the case are linked in the second post.

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