What does it mean when the Indiana Supreme Court denies a request to grant a petition to transfer?
If a party to a Court of Appeals case files a petition to transfer, the Supreme Court may grant the petition and accept the case or it may deny the petition. If the petition to transfer is denied, the Court of Appeals decision remains the last word on that case. A denial of a petition to transfer means that particular case is over. It does not necessarily mean the Supreme Court has “affirmed” the underlying Court of Appeals decision. The most accurate description of the impact of a denial of a petition to transfer is that the Supreme Court “let stand” or “left unchanged” the decision of the Court of Appeals. The decision remains as a precedent of the Court of Appeals, not of the Supreme Court.
Related Questions
- If the Court of Appeals has ordered a new trial in a criminal case and the Indiana Supreme Court denies a petition to transfer, is the defendant immediately released from prison?
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