Hughes v. State

I respectfully dissent to the majorities’ decision to deny the petition to transfer. I concur in the result of one issue in the Court of Appeals opinion, but believe further clarification is necessary to deter future confusion.

In that opinion, the Court of Appeals held that the defendant’s arrest was illegal because the bench warrant had become void upon the expiration of the term of court in which it was issued. Dearing v. State (1951) 229 Ind. 131, 95 N.E.2d 832, was incorrectly cited for this proposition. Dearing states, at 229 Ind. at 137, 95 N.E.2d at 835:

“In the opinion of the writer…