State v. Denny

DISSENT

Buchanan, C.J.

I object to assessing a penalty of ten per cent under Appellate Rule 15(G).

It has been thirty-five years since the Indiana Supreme Court assessed a penalty on appeal. See Kroeger Laundry & Dry Cleaners, Inc. v. *9Williams (1943), 221 Ind. 299, 47 N.E.2d 612; Bradford Homes, Inc. v. Long (1943), 221 Ind. 309, 47 N.E.2d 609.

On Petition for Rehearing In Annee v. State (1971), 256 Ind. 686, 274 N.E.2d 260, the Supreme Court in a condemnation case in which the State appealed, refused to assess ten percent damages (under then Appellate Rule 15(F)) saying:

[Such] damages... are…