Opinion
Supreme Court Case No. 23S-PL-371
02-27-2024
Diego MORALES, et al., Appellants, v. John RUST, Appellee.
Negative Treatment Vacated
Ind. Code Ann. § 3-8-2-7(a)(4)
Trial Court Case No. 49D12-2309-PL-36487
Published Order
This matter is before us on direct appeal under Indiana Appellate Rule 4(A)(1)(b), which gives the Indiana Supreme Court mandatory and exclusive jurisdiction over appeals of final judgments that declare a state or federal statute unconstitutional. On December 7, 2023, the trial court issued an order enjoining the enforcement of Indiana Code section 3-8-2-7(a)(4), and Appellants appealed.
On February 15, 2024, after reviewing the parties’ briefs and holding oral argument, we issued an order staying the trial court’s order pending the Court’s forthcoming opinion. Appellee filed a motion for relief from the stay order, and Appellants filed responses. Being duly advised, a majority of the Court votes to DENY Appellee’s "Verified Motion for Relief from Stay." Further, a majority of the Court votes to REVERSE the trial court’s judgment and REMAND to enter judgment for Appellants on all of Appellee’s claims. The Court’s opinion will soon be forthcoming.