Opinion
49S00-0409-PD-420 24S-SD-342
11-07-2024
Trial Court Case No. 49G04-0010-CF-1729
ORDER
Loretta H. Rush, Chief Justice of Indiana
Appellant, by counsel, filed a motion to transmit separately filed exhibits asking the Court to transmit the record of proceedings in his post-conviction appeal (49S00-0409-PD-420) and his direct appeal (49S00-0011-DP-638) into case number 24S-SD-342. Appellant is seeking permission from this Court to file a successive petition for post-conviction relief and asks that the specified records be included as separately filed exhibits in 24S-SD-342.
Being duly advised, the Court GRANTS the motion and directs the Clerk to transmit the post-conviction appeal record (49S00-0409-PD-420) and direct appeal record (49S00-0011-DP-638) for inclusion as separately filed exhibits in case number 24S-SD-342. The Clerk shall indicate the transmission of the post-conviction appeal record and direct appeal record under the applicable case numbers. Once the judgment in 24S-SD-342 is final and certified, any part of the postconviction appeal and direct appeal records, in their original format, shall be separated from the 24S-SD-342 case and returned to the Clerk's custody.
Done.
All Justices concur, except Massa, J., who did not participate in the decision of this matter.