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Ind. State Highway Com'n v. Vanderbur

Court of Appeals of Indiana, First District
Apr 27, 1982
434 N.E.2d 575 (Ind. Ct. App. 1982)

Opinion

No. 1-280A33.

Argued March 16, 1982. Decided April 27, 1982. Transfer Denied July 7, 1982.

Appeal from the Superior Court, Hancock County, Richard T. Payne, J.

Theodore L. Sendak, Atty. Gen., Linley E. Pearson, Atty. Gen., Robert F. Hassett, Deputy Atty. Gen., Indianapolis, for defendant-appellant.

Leon D. Cline, Cline, King Beck, Columbus, Lineback Lewis, P.C., Greenfield, for Vanderbur.

Vernon J. Petri, Petri Fuhs, Indianapolis, George B. Davis, Davis Davis, Greenfield, for Redmon.


ON PETITION FOR REHEARING


Each Appellee's Petition for Rehearing raises the issue of retroactive application of Lewis v. State, (1980) Ind. App., 409 N.E.2d 1276, transfer granted 424 N.E.2d 107, and the further issue that the supplemental instruction was not in fact an "Allen charge" proscribed in Lewis, supra.

In the cases of Lewis, supra; Burnett v. State, (1981) Ind. App., 419 N.E.2d 172, transfer granted and opinion vacated Ind., 426 N.E.2d 1314; and Crowdus v. State, Ind., 431 N.E.2d 796 (1982) cases with similar procedural positions as here, all were given retroactive application.

We further observe that in Crowdus the Supreme Court disposed of the second issue. There, it stated:

"With respect to the giving of Supplemental Instruction A, we note that the ruling in Lewis is not limited to Allen [(1986) 164 U.S. 492, 17 S.Ct. 154, 41 L.Ed. 528] charges. Once deliberations commence, the trial court should not give any additional instructions."

For the above reasons, the Petitions for Rehearing are overruled. Ind. App., 432 N.E.2d 418.

RATLIFF, P.J., and ROBERTSON, J., concur.


Summaries of

Ind. State Highway Com'n v. Vanderbur

Court of Appeals of Indiana, First District
Apr 27, 1982
434 N.E.2d 575 (Ind. Ct. App. 1982)
Case details for

Ind. State Highway Com'n v. Vanderbur

Case Details

Full title:INDIANA STATE HIGHWAY COMMISSION, DEFENDANT-APPELLANT, v. JUDY VANDERBUR…

Court:Court of Appeals of Indiana, First District

Date published: Apr 27, 1982

Citations

434 N.E.2d 575 (Ind. Ct. App. 1982)

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