The Indiana Supreme Court has accepted the case in which the Indiana Court of Appeals split in reversing a man’s Class A felony attempted murder conviction.
The justices took Tyrus D. Coleman v. State of Indiana, No. 20S03-1008-CR-458, in which the majority ruled the doctrine of issue preclusion barred the state from re-litgating the issue of whether Tyrus Coleman’s actions against Anthony Dye constituted attempted murder. Coleman shot Dye twice during a confrontation at a recording studio.
The majority reversed the denial of Coleman’s motion to dismiss his attempted murder charge by reason of collateral estoppel. The jury wasn’t able to reach a verdict as to his attempted murder charge and another trial on that charge was scheduled.
Judge Carr Darden dissented, disagreeing that issue preclusion applies to the instant case. He concluded the trial court didn’t abuse its discretion in allowing Coleman to be re-tried for attempted murder.
The justices issued an order Monday accepting transfer in the case Lamar Advertising Inc. v. View Outdoor Advertising LLC and State of Indiana, Dept. of Transportation, No. 49S05-1008-CV-459. They summarily affirmed the Court of Appeals’ decision instructing the Indiana Department of Transportation to allow the parties to file new applications for a billboard permit and the lower court’s interpretation of an administrative rule as requiring INDOT to grant the first valid application it receives.
The Supreme Court also ordered INDOT to treat as concurrently filed any billboard permit application it gets from the parties within three business days of the date on which the Clerk certifies this order as final.