Jackson v. State

OPINION ON REHEARING

BARNES, Judge.

Edward Jackson petitions for rehearing, requesting that we reconsider our decision in Jackson v. State, 826 N.E.2d 120 (Ind.Ct.App.2005). We grant rehearing to issue this opinion addressing the recent case of Dalton v. Battaglia, 402 F.3d 729 (7th Cir.2005), which Jackson contends should dictate a different result in his case. We disagree.1

At the outset, we note that although decisions of the Seventh Circuit "are entitled to our respectful consideration," its decisions on questions of federal law are not binding on state courts. Indiana Dep't of Public…