Legal Opinion

Lewis v. State

Indiana Court of Appeals

Decided August 12, 2009No. 49A02-0808-CR-757PublishedCited by 1 opinion

1Opinion of the Court

OPINION

BRADFORD, Judge.

In this consolidated interlocutory appeal, Appellants-Defendants Joshua Lewis, Nashelia Avant, and Marilyn Owens challenge the trial court's denial of their petitions to transfer their cases out of Marion Superior Court 8 on the grounds that the State's refusal to waive jury trials in Court 8 violates both the federal and Indiana Constitutions. We affirm.

FACTS AND PROCEDURAL HISTORY

In Marion County, Class D felony cases involving defendants with mental health problems or diagnoses are often transferred to Court 8, which is otherwise primarily a misdemeanor court.…

2Cases cited20 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Heller v. Doe Ex Rel. DoeSupreme Court of the United States · 1993
  3. Singer v. United StatesSupreme Court of the United States · 1965
  4. In Re John Ballay, A/K/A Figeret Hoxha, PatientCourt of Appeals for the D.C. Circuit · 1973
  5. Strong v. StateIndiana Supreme Court · 1989

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3Cited by1 opinion

  1. Anthony W. Brown v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2017

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