Split Supreme Court vacates transfer in re-entry case

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The Indiana Supreme Court took action on one case last week, vacating the transfer it granted in April in a case challenging the termination from a county re-entry court program.

The decision to vacate transfer was a divided one among the justices. Chief Justice Brent Dickson and Justices Steven David and Mark Massa voted to vacate transfer granted April 24 to Edward Lee Matthys v. State of Indiana, 79S02-1404-CR-298, and deny the motion. Justices Robert Rucker and Loretta rush dissented, voting to deny the motion to dismiss.

Edward Lee Matthys appealed his termination from the Tippecanoe County Re-Entry Court Program and his subsequent placement in the Indiana Department of Correction. He claimed he was deprived of due process because a trial court hearing was not held until after he had already been effectively terminated from the re-entry program. He also argued he was sentenced inappropriately.

The Court of Appeals in January affirmed, finding that the sentence was not inappropriate as it was compelled by an agreement he had signed in 2011 prior to his admission to the re-entry program.


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