Justices agree to hear arguments in child molestation case

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The Indiana Supreme Court denied transfer in 21 cases last week but agreed to hear a motion for discharge argument in a molestation case.

Justices granted transfer in the case of Brandon Battering v. State of Indiana, 20S-CR-31, which previously divided the Indiana Court of Appeals in October 2019.

In that case, Brandon Battering, who was charged with child molesting and child solicitation based on allegations that he engaged in sexual conduct with his 12-year-old stepsister, appealed the denial of his motion for discharge under Indiana Rule of Criminal Procedure 4(C).

At issue was whether the trial court proceedings were “stayed” when the court authorized an interlocutory appeal by the state and vacated Battering’s upcoming trial date, but did not actually use the word “stay.” The appellate majority held that they were, but Judge John Baker disagreed, arguing Battering’s motion should have been granted.

The Supreme Court unanimously rejected the remainder of the cases petitioning for transfer except for Robert McAnalley v. State of Indiana, 18A-CR-1099. Justice Steven David would have granted transfer in the case, which upheld Robert McAnalley’s conviction for unlawful possession of a firearm by a serious violent felon.

The Indiana Court of Appeals concluded a warrantless search of the vehicle McAnalley was riding in at the time of his arrest did not violate federal or state constitutional protections.

A full list of transfer decisions for the week ending Jan. 31 can be found here. 

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