INDIANA DEPARTMENT OF CORRECTION v. TOOMEY

Supreme Court Case No. 19S-PL-401.

162 N.E.3d 1099 (2021)

INDIANA DEPARTMENT OF CORRECTION, Appellant, v. A. Katherine TOOMEY, Appellee.

Supreme Court of Indiana.

Filed February 25, 2021.


Published Order

On July 5, 2019, the State appealed four trial court orders under Indiana Appellate Rules 4(A)(1) (providing the Supreme Court with mandatory and exclusive jurisdiction over appeals of final judgments declaring a statute unconstitutional in whole or in part) and 59(A). After oral argument and further review, the four participating members of the Court are evenly divided on the proper disposition of the case.

This rare circumstance is anticipated...

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