Attorneys for Appellant Attorneys for Appellee
Gregory Bowes Steve Carter
Indianapolis, Indiana Attorney General of
Indiana
Richard C. Webster
Deputy Attorney General
Indianapolis, Indiana
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In the
Indiana Supreme Court
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No. 49S02-0202-CR-153
Ronnie Holden,
Appellant (Defendant below),
v.
State of Indiana,
Appellee (Plaintiff below).
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Appeal from the Marion Superior Court, No. 49G01-0006-CF-046689
The Honorable Tanya Walton Pratt, Judge
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ON PETITION FOR REHEARING
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December 3, 2003
Rucker, Justice.
Ronnie Holden seeks rehearing of our opinion in which we declared
that Article I, Section 19 of the Indiana Constitution does not amount to a
constitutionally permissible form of jury nullification. Holden v. State,
788 N.E.2d 1253 (Ind. 2003). Among other things Holden complains that we
failed to address several issues raised before and decided by the Court of
Appeals, whose Memorandum Decision was vacated once transfer was granted.
Holden is
correct. We therefore grant rehearing to summarily affirm the decision of
the Court of Appeals on all issues except those addressed in our initial
opinion. See Ind. Appellate Rule 58(A)(2). In all other respects the
petition for rehearing is denied.
SHEPARD, C.J., and DICKSON, SULLIVAN and BOEHM, JJ., concur.