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Justices send post-conviction case back to COA for consideration

February 2, 2015

The Indiana Supreme Court has vacated the dismissal of a Marion County post-conviction case and remanded it to the Court of Appeals. That was one of two cases justices took action on last week.

The justices vacated orders in 2013 and 2014 relating to the dismissal of the appeal in Anthony Riddick v. State of Indiana, 49S02-1501-PC-46, and sent it back to the COA for consideration of a motion for extension of time and such further proceedings as it deems necessary.

The justices also denied transfer to Henry L. Shell, Jr. v. State of Indiana (NFP), 52A02-1307-CR-598, a case involving alleged prosecutorial misconduct. The court split over that denial, leading to a three-page dissent from Justices Steven David and Robert Rucker.

 

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