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Supreme Court to consider 3 cases on petition to transfer next week

September 15, 2017

The Indiana Supreme Court will decide whether to add three cases to its docket when it hears arguments on petition to transfer next week.

First, the case of Destin Jones v. State of Indiana, 84A05-1609-CR-02065, will come before the high court on petition to transfer at 9 a.m. Thursday. After Destin Jones was convicted of attempting and conspiring to commit armed robbery, he appealed, arguing the state failed to disprove his abandonment defense beyond a reasonable doubt.

The Indiana Court of Appeals reversed Jones’ attempted robbery conviction, but affirmed his conspiracy conviction in an April decision on the basis that the abandonment defense did not apply. Jones is now appealing to the high court to accept jurisdiction over his case.

The court will then hear the case of In re Termination of the Parent-Child Relationship of A.K.G. (Child) and S.M.H. (Mother) v. Indiana Department of Child Services, 02A03-1608-JT-01869, in which S.M.H.’s parental rights were involuntary terminated and a permanency plan calling for the adoption of her child, A.K.G., was approved. The Court of Appeals affirmed the Allen Superior Court’s findings that although S.M.H. completed services, she remained unable to ensure A.K.G.’s safety and maintain employment and suitable housing.

Oral arguments on petition to transfer in that case will begin at 9:45 a.m.

Finally, the high court will consider whether to take the case of Billy Brantley v. State of Indiana, 49A04-1606-CR-01401. In that case, a divided Court of Appeals reversed Billy Brantley’s conviction for voluntary manslaughter in relation to the shooting death of his brother-in-law after determining the state failed to prove “sudden heat,” as is required to sustain a voluntary manslaughter conviction. Oral arguments will begin in that case at 10:30 a.m.

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