Hopper v. State

Because I believe our original opinion in this case is sound, I disagree with the majority’s decision to grant the State’s petition for rehearing.

At the outset I observe that although declaring a rehearing petition “must ... go beyond a mere assertion that the original ruling was erroneous,” Op. at 616 (citing Griffin v. State, 763 N.E.2d 450-51 (Ind.2002)), the majority nonetheless entertains and effectively grants the State’s petition even though the State’s claim is that this Court’s original opinion was wrongly decided. In fact the State initially sought transfer from a divided opinion of…