Hardy v. State

I respectfully dissent. In setting out the grounds for my dissent herein, I must also state the reasons for my disagreement with the opinion of the Fourth District of this Court in Wireman v. State (1981), Ind.App., 418 N.E.2d 1182 (transfer pending).

The majority, as did the Fourth District in Wireman, finds a lack of substantial compliance with IC 1971, 33-4-5-2 (Burns Code Ed.). I fail to find a workable definition of “substantial compliance” in regard to this statute in either opinion.

The first step in determining whether there has been substantial compliance with statutory procedures is…