Attorneys for Appellant Attorneys for Appellee
Gregory Bowes Steve Carter
Indianapolis, Indiana Attorney General of Indiana
Richard C. Webster
Deputy Attorney General
Indiana Supreme Court
Appellant (Defendant below),
State of Indiana,
Appellee (Plaintiff below).
Appeal from the Marion Superior Court, No. 49G01-0006-CF-046689
The Honorable Tanya Walton Pratt, Judge
ON PETITION FOR REHEARING
December 3, 2003
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.