CORCORAN v. STATE

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Docket Number

No. 02S00-9805-DP-293

Attorney(S)

P. Stephen Miller, Fort Wayne, Indiana, John C. Bohdan, Glasser and Ebbs, Fort Wayne, Indiana, Attorneys for Apppellant. Steve Carter, Attorney General of Indiana, James B. Martin, Deputy Attorney General, Indianapolis, Indiana, Attorneys for Appellee.

Judges

Robert D. Rucker

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JOSEPH E. CORCORAN, Appellant (Defendant), v. STATE OF INDIANA, Appellee (Plaintiff).

SHEPARD, Chief Justice

Joseph E. Corcoran was under stress because his sister's upcoming marriage would necessitate his moving out of her house. And his brother said Corcoran could not move in with him.

He awoke one afternoon to hear his brother and others downstairs talking about him. Irritated, he loaded his rifle and went downstairs to intimidate them, but as Corcoran said later, "It just didn't happen that way." (R. at 1988.) Corcoran killed his brother, his sister's fiancé, and two other men in the ensuing incident.

We affirm the trial court's sentence of death.

Facts Procedural History

This case returns to us following a remand. Corcoran v. State, 739 N.E.2d 649 (Ind. 2000). We directed the trial court to reconsider its earlier sentence and sentencing order.

At trial, the State charged Corcoran with four counts of murder and requested the death penalty. The jury found Corcoran guilty of all four counts and recommended the death penalty. The trial court imposed it. We found a significant possibility that the trial judge's original sentencing order relied on non-statutory aggravators in imposing the death penalty and remanded for the trial court to re-determine whether to impose death based only on statutory aggravating circumstances.Corcoran, 739 N.E.2d at 657.

After re-weighing the aggravating and mitigating circumstances of the quadruple murder, the trial court issued a revised sentencing order and again imposed the death sentence. In response to our remand order, the trial judge stated:

The Court, having evaluated and balanced all these circumstances, finds that the aggravating circumstances outweigh the mitigating circumstances. The Court again finds that the mental or emotional disturbance suffered by [Corcoran] did not affect his capacity to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law.

The Court, having considered the jury's recommendation that the death penalty be imposed, now finds that such a sentence is supported by the facts and the evidence, and the character of [Corcoran], and therefore orders that [Corcoran] be executed pursuant to Indiana law. . . .

(Supp. R. at 49.)

Corcoran argues on appeal that the trial court improperly considered non-statutory aggravators and failed to consider all proffered mitigators. (Appellant's Br. at 2-3.) We will also consider Corcoran's final claim from his original direct appeal: whether the death sentence is manifestly unreasonable.

Because we found Corcoran's claim regarding the trial court's consideration of non-statutory aggravators dispositive, we did not reach this issue in his original appeal. See Corcoran, 739 N.E.2d at 651, 658 n. 7.

I. Aggravating Mitigating Circumstances

Corcoran points to the following portion of the revised sentencing order to support his argument that the trial court again improperly considered non-statutory aggravators:

The trial Court, in balancing the proved aggravators and mitigators, emphasizes to the Supreme Court that it only relied upon those proven statutory aggravators. The trial Court's remarks at the sentencing hearing, and the language in the original sentencing order explain why such high weight was given to the statutory aggravator of multiple murder, and further support the trial Court's personal conclusion that the sentence is appropriate punishment for this offender and these crimes.

(Supp. R. at 48-49.) He also argues that the revised sentencing order is deficient because the trial court found as proven only four of the ten mitigating circumstances he put forward. (Appellant's Br. at 8-9.)

In Harrison v. State, 644 N.E.2d 1243, 1262 (Ind. 1995), after remand, 659 N.E.2d 480 (Ind. 1995), cert. denied, 519 U.S. 933 (1996), we held that a court must offer a detailed explanation of the factors and the weighing process that lead to a death sentence. For guidance, we set out the following steps:

The trial court's statement of reasons (i) must identify each mitigating and aggravating circumstance found, (ii) must include the specific facts and reasons which lead the court to find the existence of each such circumstance, (iii) must articulate that the mitigating and aggravating circumstances have been evaluated and balanced in determination of the sentence, and (iv) must set forth the trial court's personal conclusion that the sentence is appropriate punishment for this offender and this crime.

Id. (citations omitted).

When imposing a death sentence, a trial court must limit its consideration of aggravating circumstances to those listed in the death penalty statute, Ind. Code Ann. § 35-50-2-9(b) (West 2000). Stephenson v. State, 742 N.E.2d 463, 500 (Ind. 2001), cert. denied, 122 S.Ct. 905 (2002). To satisfy the specificity requirement of Harrison, the sentencing order must "explicitly indicate which mitigating circumstances the trial court found . . . [and] explain the specific facts and reasons that led the court to find the existence of whatever mitigating circumstances it did find." Holsinger v. State, 750 N.E.2d 354, 362 (Ind. 2001).

"We require such specificity in a sentencing order or statement of reasons for imposing a sentence to insure the trial court considered only proper matters when imposing sentence, thus safeguarding against the imposition of sentences which are arbitrary or capricious, and to enable the appellate court to determine the reasonableness of the sentence imposed." Harrison, 644 N.E.2d at 1262 (citation omitted)

When we remand criminal cases to trial courts for new sentencing orders, a trial court's responsibility is to "produce a new sentencing order that responds to the concerns this Court has raised." O'Connell v. State, 742 N.E.2d 943, 952-53 (Ind. 2001). Our sole concern here was the possibility that the trial court relied on non-statutory aggravators, so it fulfilled its responsibility by "issuing a new sentencing order without taking further action." Id. at 953.

We are now satisfied that the trial court has relied on only aggravators listed in Indiana Code § 35-50-2-9(b). In response to our remand, the trial court stated, "[I]n balancing the proved aggravators and mitigators, [the trial court] emphasizes to the Supreme Court that it only relied upon those proven statutory aggravators." (Supp. R. at 48-49.) There is no lack of clarity in this statement and no plausible reason to believe it untrue.

As for the trial court's consideration of mitigating circumstances, Corcoran proffered ten mitigators, but the court found that he proved only four. (Supp. R. at 47-48.) The Court then stated:

The Court finds that the Defendant has proved the mitigating circumstance that he was under the influence of a mental or emotional disturbance at the time the murders were committed on July 26, 1997. The Court gives this mitigating circumstance medium weight. Dr. Engum's opinion at trial was consistent with the opinions of the Court appointed experts that the Defendant suffered from a personality disorder, either paranoid personality disorder, or schizotypal personality disorder.

The Defendant requests the Court to consider as a further mitigating circumstance the fact he cooperated fully with investigating authorities, reducing the potential for additional harm and furthering the State's case against himself. The Court does believe this to be a mitigating circumstance. The Defendant did in fact cooperate with the police and gave a videotaped confession of his involvement. At no time did he deceive or hinder the investigative process by making false or misleading statements. However, as he was the only adult left alive in the house, it would not have been difficult for the police to investigate and determine who was responsible. The Court therefore assigns this mitigator a low weight.

The Defendant's eighth mitigator is his lack of a significant criminal history. The Defendant has a 1993 conviction for Criminal Mischief as a Class A Misdemeanor. He has no juvenile adjudications. The Court assigns this mitigator a low weight.

Finally, the Defendant's remorse is advanced as a mitigating circumstance. The Defendant has indicated such remorse in a letter to the Court. The Court assigns this mitigator a low weight.

(Supp. R. at 47-48.)

Corcoran's argument that the trial court did not consider six of the proffered mitigating circumstances is without merit. As the mitigating circumstances were not the focus of our concern, we are not surprised that the trial court's second order analyzed only those aggravating and mitigating circumstances it found pertinent to the task on remand.

The trial judge had in fact analyzed Corcoran's proffered mitigators in the course of its original sentencing. Our review of the record also persuades us that the trial court properly rejected the remaining factors in the original sentencing order. (R. at 2574-78.) Corcoran claimed first that his mental disease affected his capacity to appreciate or conform his conduct. (R. at 2574.) As we discuss in greater detail below, the trial court did not err in rejecting it.

In a related vein, Corcoran also asked the court to consider the fact that he shielded his young niece from the bloodshed as a mitigator. (R. at 2575.) But this fact cuts both ways. His actions demonstrate a keen awareness of the events that were to follow, and suggest to us that his capacity to appreciate the criminality of his conduct was not inhibited.

Third, Corcoran argues that his mental disease prevented him from competently assisting in his defense, stemming primarily from his refusal of favorable plea recommendations offered by the State. (R. at 2574, 2909.) The State's pleas would have kept Corcoran in jail for life, but Corcoran rejected each. He chose instead to exercise his constitutional right to a jury trial, therefore creating the potential for a lesser sentence, a favorable jury recommendation, or an outright acquittal. Corcoran's choice will not act simultaneously as a mitigator for his benefit.

The remaining three factors are also without merit. Corcoran was twenty-two at the time of the murders, and offered his age as a mitigator. (R. at 2575, 2915.) Although chronological age is not the end of the inquiry for young adults, considering both the seriousness of this crime and the fact that Corcoran is well past the age of sixteen where the law requires special treatment, we find no abuse of discretion. See Monegan v. State, 756 N.E.2d 499, 504-05 (Ind. 2001). The fifth rejected factor was Corcoran's good behavior in jail prior to sentencing. (R. at 2575.) We agree with the trial court that this is expected of persons who are incarcerated. See Walter v. State, 727 N.E.2d 443, 448-49 (Ind. 2000). Even if it is an appropriate mitigator, its weight is modest and we find no abuse of discretion here either. Finally, Corcoran asserted that his admission of guilt through all phases of the legal process should be a mitigating circumstance. (R. at 2575.) Of course, Corcoran did not admit his guilt in the sense that one does in pleading guilty. Corcoran demanded a jury trial and subjected the victims' families and loved ones to a trial. The trial court did not abuse its discretion in declining to find this mitigator.

In accordance with our guidance in Harrison and Holsinger, the trial court explicitly identified the proven mitigating circumstances and listed the specific facts and reasons that led the court to find their existence. The trial court fulfilled its resentencing duties.

II. The Propriety of the Death Sentence

We also address Corcoran's final argument from his original appeal that his sentence is manifestly unreasonable. (Appellant's Br. at 55.)

Although Article VII, § 4 of the Indiana Constitution authorizes us to review and revise sentences, we will do so only when the sentence is "manifestly unreasonable in light of the nature of the offense and the character of the offender." Ind. Appellate Rule 7(B). When reviewing death sentences, this standard stands more as a guidepost for our appellate review than an immovable pillar supporting a sentence decision.See Spranger v. State, 498 N.E.2d 931, 947 n. 2 (Ind. 1986), cert. denied, 481 U.S. 1033 (1987).

The nature of the offense is clear; Corcoran and his defense team do not dispute the events. (R. at 1994-95, State's Exh. 77; R. at 2175-76; Appellant's Br. at 55.) On July 26, 1997, Corcoran was lying on his bedroom floor and heard men's voices. He became upset because he thought the men were talking about him and took a semi-automatic rifle downstairs to confront them. In the living room were four men, including Corcoran's brother and future brother-in-law, both of whom lived in the house with Corcoran.

Corcoran shot and killed Jim Corcoran, Scott Turner and Timothy Bricker at close range. The final victim, Doug Stillwell, tried to escape, but Corcoran chased him into the kitchen and shot him in the head.

Despite these uncontested facts, Corcoran argues vehemently that his mental health should be of utmost significance in determining his sentence. Seven qualified doctors analyzed Corcoran, (R. at 2904-08, Def.'s Pre-Sent. Memo. at 20-25), and while they offered varying opinions, (R. at 2907, Def.'s Pre-Sent. Memo. at 20-25), it appears that the consensus was that Corcoran suffered from schizotypal or paranoid personality disorder. (R. at 2306; 2309-10, Def.'s Exh. C; 2904; 2908; Def.'s Pre-Sent. Memo. at 20-25.)

In Corcoran's pre-sentencing memorandum, the defense presented the opinions of two doctors who interviewed Corcoran in 1999, two years after the murders, and diagnosed him as suffering from "schizophrenia, paranoid type." (Def.'s Pre-Sent. Memo. at 23.) Moreover, Dr. Engum, who testified at the penalty phase of the trial, originally opined that Corcoran suffered from schizotypal personality disorder and later changed his opinion, "with [the benefit of] hindsight," to suggest that progression to schizophrenia was "possible." (Def.'s Pre-Sent. Memo. at 22.)

The trial court expressed understandable concern with these diagnoses. Each was performed two years after the murders and with the knowledge of the jury's death sentence recommendation. (R. at 2905-06; Def.'s Pre-Sent. Memo. at 22-25.) As Dr. Engum stated, "[A]n estimated 10 to 20 percent of patients with Schizotypal personality disorder eventually progress to full-blown schizophrenia." (Def.'s Pre-Sent. Memo. at 22.) Whether or not Corcoran had progressed to schizophrenia two years after the crime is immaterial; rather, we are concerned with his mental state at the time of the murders, which consensus says and the trial court found to be schizotypal personality disorder. (R. at 2904.) Corcoran does not assert on appeal that his subsequent mental illness prevents the imposition of the death penalty.

In addition to monitoring Corcoran's demeanor throughout trial, the court listened to and considered each of the doctor's reports. The trial judge said:

The Court is not convinced that [Corcoran]'s affliction meets the legal definition of mental disease or defect. The Court notes that even the well respected psychiatrists and psychologists opinions (not only those who examined [Corcoran], but those contained in the literature submitted in the Sentencing Memorandums) can be viewed as ambiguous. The Court notes that all seven (7) Doctors offered differing opinions as to [Corcoran] and Dr. Spink admitted psychiatry is not an exact science and there are no black and white rules. The literature, and Dr. Engum's original opinion consider schizotypal or paranoid personality disorders to be maladaptive lifestyles. The facts reflect that [Corcoran] had the presence of mind to shield his young niece upstairs from the carnage he inflicted on innocent victims downstairs in the house on Bayer Avenue. He knew immediately what he had done, he knew at the time what he was doing, and he knew that what he was doing was wrong.

(R. at 2576.)

The trial judge's consideration of the evidence about Corcoran's mental health reflected a fair amount of care; she concluded that he suffered from schizotypal personality disorder. (R. at 2904, 2907.) In other words, Corcoran was genetically predisposed to be a "loner" or "hermit." (R. at 2240, 2333.) The professional analysis of Corcoran portrayed him as a person with "social and interpersonal deficits" who experiences "discomfort with, and reduced capacity for close relationships." (R. at 2309, Def.'s Exh. C.)

We are satisfied that the trial court's decision that a quadruple killing was weightier than the proffered mitigation of Corcoran's mental health led the trial court to an appropriate sentence.

Conclusion

We affirm the sentence of the trial court.

Dickson, Sullivan, and Boehm, JJ., concur.

Rucker, J., dissents with separate opinion

RUCKER, Justice, dissenting

I respectfully dissent because I do not believe a sentence of death is appropriate for a person suffering a severe mental illness. Recently the Supreme Court held that the executions of mentally retarded criminals are "cruel and unusual punishments" prohibited by the Eighth Amendment of the United States Constitution. Atkins v. Virginia, ___ U.S. ___, 122 S.Ct. 2242, 2252 (2002). There has been no argument in this case that Corcoran is mentally retarded. However, the underlying rationale for prohibiting executions of the mentally retarded is just as compelling for prohibiting executions of the seriously mentally ill, namely evolving standards of decency.

1 By statute, Indiana prohibits the execution of the mentally retarded. See Ind. Code § 35-36-9-6.

In that regard I associate myself with the dissenting opinion of Justice Pfeifer of the Ohio Supreme Court who noted:

Mental illness is a medical disease. Every year we learn more about it and the way it manifests itself in the mind of the sufferer. At this time, we do not and cannot know what is going on in the mind of a person with mental illness. As a society, we have always treated those with mental illness differently from those without. In the interest of human dignity, we must continue to do so. . . . I believe that executing a convict with a severe mental illness is a cruel and unusual punishment.

Ohio v. Scott, 748 N.E.2d 11, 20 (Ohio 2001) (Pfeifer, J., dissenting),cert. denied, 532 U.S. 1034 (2001). Addressing the federal constitutional claim the Supreme Court noted, "pursuant to our narrowing jurisprudence, which seeks to ensure that only the most deserving of execution are put to death, an exclusion for the mentally retarded is appropriate." Atkins, ___ U.S. at ___, 122 S.Ct. at 2251. Apart from the federal constitution, Indiana has its own constitutional provision against cruel and unusual punishment. Because Indiana's constitution affords even greater protection than its federal counterpart, I would hold that a seriously mentally ill person is not among those most deserving to be put to death. To do so in my view violates the Cruel and Unusual Punishment provision of the Indiana Constitution. Because Corcoran is obviously severely mentally ill, he should be sentenced to life without the possibility of parole, not death.

See Ind. Const. art. I, § 16 (providing "Excessive bail shall not be required. Excessive fines shall not be imposed. Cruel and unusual punishments shall not be inflicted. All penalties shall be proportioned to the nature of the offense.").

SUPREME COURT OF INDIANA GRANT AND DENIAL OF CASES IN WHICH TRANSFER TO THE INDIANA SUPREME COURT HAS BEEN SOUGHT

A cumulative summary of cases in which transfer to the Indiana Supreme Court has either been granted or denied. This table includes cases disposed of from January 1, 2002 to June 30, 2002. An asterisk designates that the opinion of the Court of Appeals was an unpublished memorandum.

Citation Below Title or Cause Number Date Disposition

D.A.C., In re *752 N.E.2d 670 01/03/2002 Transfer denied. All Justices concur except Shepard, C.J., who votes to grant transfer.

Indiana Ins. Co. *752 N.E.2d 670 01/03/2002 Transfer denied. All v. Macri's Milano Justices concur. Inn of South Bend

Lusk v. Swanson 753 N.E.2d 748 01/03/2002 Transfer denied. All Justices concur.

Wesley v. State *753 N.E.2d 686 01/04/2002 Transfer granted.

Bowman v. State *757 N.E.2d 230 01/04/2002 Transfer denied. All Justices concur.

Brown v. State *757 N.E.2d 227 01/04/2002 Transfer denied. All Justices concur.

Dent v. State *750 N.E.2d 26 01/04/2002 Transfer denied. All Justices concur.

Garza v. State *757 N.E.2d 228 01/04/2002 Transfer denied. All Justices concur.

Hamill v. City 757 N.E.2d 162 01/04/2002 Transfer denied. All of Carmel Justices concur.

Orr v. State *756 N.E.2d 1093 01/04/2002 Transfer denied. All Justices concur.

Totten v. State *760 N.E.2d 1074 01/04/2002 Transfer denied. All Justices concur.

Vaught v. State *757 N.E.2d 228 01/04/2002 Transfer denied. All Justices concur.

Venturini v. State *757 N.E.2d 226 01/04/2002 Transfer denied. All Justices concur.

Webber v. State *756 N.E.2d 1096 01/04/2002 Transfer denied. All Justices concur except Shepard, C.J., and Boehm, J., who vote to grant transfer.

Wooden v. State 757 N.E.2d 212 01/04/2002 Transfer denied. All Justices concur.

Board of Com'rs 753 N.E.2d 708 01/07/2002 Transfer denied. All of County of Justices concur. Harrison v. Lowe

Garec Ltd. *754 N.E.2d 49 01/07/2002 Transfer denied. All Partnership v. Justices concur. American Specialty Properties, Inc.

King v. Stayback *752 N.E.2d 670 01/07/2002 Transfer denied. All Justices concur.

Southwest *747 N.E.2d 83 01/07/2002 Transfer denied. All Automotive, Inc. Justices concur. v. Allen County Plan Com'n

Trade Source, Inc. *752 N.E.2d 672 01/07/2002 Transfer denied. All v. Nu-Tec Roofing Justices concur. Contractors, Inc.

Weber v. Helbing *752 N.E.2d 668 01/07/2002 Transfer denied. All Justices concur.

Plan Com'n of 748 N.E.2d 926 01/09/2002 Transfer denied. All Harrison County Justices concur. v. Aulbach

Light v. NIPSCO 747 N.E.2d 73 01/09/2002 Transfer denied. All Industries Justices concur.

Foot Surgery *752 N.E.2d 668 01/09/2002 Transfer denied. All Associates, Inc. Justices concur. v. Aguirre

Foxworthy v. 750 N.E.2d 438 01/09/2002 Transfer denied. All Heartland CO-OP, Justices concur. Inc.

Camp v. State 751 N.E.2d 299 01/09/2002 Transfer denied. All Justices concur.

Cochran v. State *757 N.E.2d 233 01/09/2002 Transfer denied. All Justices concur.

Deel v. State *757 N.E.2d 234 01/09/2002 Transfer denied. All Justices concur.

Hornbostel v. State 757 N.E.2d 170 01/09/2002 Transfer denied. All Justices concur.

Lane v. State *49A050-0104-PC-148 01/09/2002 Transfer denied. All Justices concur.

Naquin v. State *27A02-0008-PC-557 01/09/2002 Transfer denied. All Justices concur.

Hall v. State *35A04-9910-PC-478 01/09/2002 Transfer dismissed.

Tumblin v. State 736 N.E.2d 317 01/09/2002 Transfer denied. All Justices concur.

Carie v. State *751 N.E.2d 351 01/09/2002 Transfer denied. All Justices concur except Dickson, J., who dissents to denial of transfer with opinion.

Cowart v. State 756 N.E.2d 581 01/17/2002 Transfer denied. All Justices concur.

Fite v. State *759 N.E.2d 278 01/17/2002 Transfer denied. All Justices concur.

Gonzales v. State 757 N.E.2d 202 01/17/2002 Transfer denied. All Justices concur.

Holliday v. State *759 N.E.2d 278 01/17/2002 Transfer denied. All Justices concur.

Smith v. State *759 N.E.2d 278 01/17/2002 Transfer denied. All Justices concur.

Taylor v. State *763 N.E.2d 494 01/17/2002 Transfer denied. All Justices concur.

Townsend v. State *759 N.E.2d 277 01/17/2002 Transfer denied. All Justices concur.

Walker v. State *751 N.E.2d 351 01/17/2002 Transfer denied. All Justices concur.

Wilson v. State *751 N.E.2d 350 01/17/2002 Transfer denied. All Justices concur.

Moffett v. State *759 N.E.2d 280 01/18/2002 Transfer denied. All Justices concur.

White v. State 756 N.E.2d 1057 01/18/2002 Transfer denied. All Justices concur.

Smock v. American 748 N.E.2d 432 01/18/2002 Transfer denied. All Equity Ins. Justices concur.

Smith v. Bob Evans 754 N.E.2d 18 01/18/2002 Transfer denied. All Farms, Inc. Justices concur except Sullivan and Rucker, JJ., who vote to grant transfer.

Franz v. State 754 N.E.2d 978 01/18/2002 Transfer denied. All Justices concur except Sullivan and Rucker, JJ., who vote to grant transfer. Farm Fire Cas. Co.

Reed v. Marion *759 N.E.2d 278 01/22/2002 Transfer denied. All County Office of Justices concur. Family and Children

Sowers v. State *759 N.E.2d 279 01/25/2002 Transfer denied. All Justices concur.

Freeman v. State *759 N.E.2d 280 02/25/2002 Transfer denied. All Justices concur.

Rykard v. State *759 N.E.2d 282 01/25/2002 Transfer denied. All Justices concur.

Sedano v. State *759 N.E.2d 282 01/25/2002 Transfer denied. All Justices concur except Sullivan and Rucker, JJ., who vote to grant transfer.

Edsall v. State *754 N.E.2d 51 01/25/2002 Transfer denied. All Justices concur.

Bynum v. State *759 N.E.2d 279 01/25/2002 Transfer denied. All Justices concur.

Murphy v. State *759 N.E.2d 281 01/25/2002 Transfer denied. All Justices concur.

Thompson v. State *757 N.E.2d 229 01/25/2002 Transfer denied. All Justices concur.

Bedwell v. Sagamore 753 N.E.2d 775 01/30/2002 Transfer denied. All Ins. Co. Justices concur.

Kostidis v. General 754 N.E.2d 563 01/30/2002 Transfer denied. All Cinema Corp. Justices concur.

Smith v. Guthrie *748 N.E.2d 438 01/30/2002 Transfer denied. All Justices concur.

Hodge v. State *759 N.E.2d 282 01/31/2002 Transfer denied. All Justices concur except Boehm, J., who votes to grant transfer.

Burgett v. State 758 N.E.2d 571 01/31/2002 Transfer denied. All Justices concur.

Clanton v. State *759 N.E.2d 281 01/31/2002 Transfer denied. All Justices concur.

State v. Isaacs *759 N.E.2d 281 01/31/2002 Transfer denied. All Justices concur.

Hobbs v. State *759 N.E.2d 280 01/31/2002 Transfer denied. All Justices concur.

Malik v. State *759 N.E.2d 280 01/31/2002 Transfer denied. All Justices concur.

State v. Murphy *759 N.E.2d 283 01/31/2002 Transfer denied. All Justices concur.

O'Connell v. State *759 N.E.2d 1196 01/31/2002 Transfer denied. All Justices concur.

Williams v. State 757 N.E.2d 1048 01/31/2002 Transfer denied. All Justices concur.

Ritter v. Stanton 745 N.E.2d 828 01/31/2002 Transfer denied. All Justices concur except Shepard, C.J., and Sullivan, J., who vote to grant transfer.

Rene v. Reed 751 N.E.2d 736 01/31/2002 Transfer denied. All Justices concur Sullivan, J., who votes to grant transfer.

Keag Family Ltd. *757 N.E.2d 242 02/04/2002 Petition for Review Partnership v. denied. All Justices State Bd. of Tax concur. Com'n

Indiana Alcoholic 754 N.E.2d 1041 02/04/2002 Transfer denied. All Beverage Com'n v. Justices concur. Town of Leo-Cedarville

Manley v. Monroe *756 N.E.2d 1095 02/04/2002 Transfer denied. All County Sheriff's Justices concur. Dept.

Frye v. Sears, *48A05-0105-CV-223 02/04/2002 Transfer denied. All Inc. Justices concur.

Crawley v. Oak 753 N.E.2d 740 02/04/2002 Transfer denied. All Bend Estates Justices concur. Homeowners Ass'n

R.L. Turner Corp. *752 N.E.2d 670 02/04/2002 Transfer denied. All v. Strescore, Inc. Justices concur.

Parkview Hosp., 750 N.E.2d 384 02/04/2002 Transfer denied. All Inc. v. Roese Justices concur.

Bizik v. Bizik 753 N.E.2d 762 02/04/2002 Transfer denied. All Justices concur.

Capehart v. *751 N.E.2d 352 02/04/2002 Transfer denied. All Capehart Justices concur.

Family Express *748 N.E.2d 448 02/04/2002 Transfer denied. All Corp. v. Boesch Justices concur.

Edwards v. State *759 N.E.2d 282 02/07/2002 Transfer denied. All Justices concur.

Miller v. State *759 N.E.2d 283 02/07/2002 Transfer denied. All Justices concur.

Shepler v. State 758 N.E.2d 966 02/07/2002 Transfer denied. All Justices concur.

Starkweather v. *759 N.E.2d 284 02/07/2002 Transfer denied. All State Justices concur.

Stewart v. State *759 N.E.2d 284 02/07/2002 Transfer denied. All Justices concur.

Lyons v. State *735 N.E.2d 1179 02/07/2002 Transfer denied. All Justices concur except Rucker, J., who votes to grant transfer.

Davis v. Wampler *747 N.E.2d 84 02/15/2002 Transfer denied. All Justices concur.

Delta Theta Tau *750 N.E.2d 23 02/15/2002 Appellant's Petition Sorority, Inc. v. to Transfer denied. Smith All Justices concur except Boehm, J., who votes to grant transfer. Appellee's Petition to Transfer denied. All Justices concur except Boehm, J., who votes to grant transfer.

Kaplan v. Kaplan 757 N.E.2d 1026 02/15/2002 Transfer denied. All Justices concur.

Liberty Mortg. 755 N.E.2d 639 02/15/2002 Transfer denied. All Corp. v. National Justices concur. City Bank

Marsh Village *752 N.E.2d 671 02/15/2002 Transfer denied. All Pantries, Inc. v. Justices concur Martin except Boehm, J., who votes to grant transfer.

South Newton *752 N.E.2d 115 02/15/2002 Transfer denied. All School Corp. v. Justices concur. South Newton Classroom Teachers

Stone v. Stakes 755 N.E.2d 220 02/15/2002 Transfer denied. All Justices concur except Boehm, J., who votes to grant transfer.

Wallot v. Buchinsky *750 N.E.2d 22 02/15/2002 Transfer denied. All Justices concur.

Stitts v. State *759 N.E.2d 1196 02/15/2002 Transfer denied. All Justices concur except Sullivan, J., who votes to grant transfer.

Bock v. State *759 N.E.2d 1199 02/15/2002 Transfer denied. All Justices concur.

Sams v. State *756 N.E.2d 1102 02/15/2002 Transfer denied. All Justices concur.

Davies v. State 758 N.E.2d 981 02/15/2002 Transfer denied. All Justices concur.

McQueen v. State *759 N.E.2d 1195 02/15/2002 Transfer denied. All Justices concur.

Willie v. State *759 N.E.2d 286 02/15/2002 Transfer denied. All Justices concur.

Anderson v. State *759 N.E.2d 1194 02/15/2002 Transfer denied. All Justices concur.

Lewis v. State 759 N.E.2d 1077 02/15/2002 Transfer denied. All Justices concur.

Craig v. State *759 N.E.2d 285 02/15/2002 Transfer denied. All Justices concur.

Presley v. State *759 N.E.2d 286 02/15/2002 Transfer denied. All Justices concur.

Jackson v. State *759 N.E.2d 286 02/15/2002 Transfer denied. All Justices concur.

Eaton v. State *752 N.E.2d 673 02/15/2002 Transfer denied. All Justices concur.

Martin v. AC- *754 N.E.2d 52 02/15/2002 Transfer granted. andS Inc.

Bennett v. State *31AO5-0109-PC-394 02/15/2002 Transfer denied. All Justices concur.

O'Neill v. State *49A04-0111-PC-488 02/15/2002 Transfer denied. All Justices concur.

Sergent v. State *757 N.E.2d 233 02/15/2002 Transfer denied. All Justices concur.

Ewell v. State *759 N.E.2d 1200 02/15/2002 Transfer denied. All Justices concur.

Carter v. State *760 N.E.2d 254 02/15/2002 Transfer denied. All Justices concur.

Borton v. State 759 N.E.2d 641 02/15/2002 Transfer denied. All Justices concur.

Drake v. State *55A01-0111-PC-440 02/15/2002 Transfer denied. All Justices concur.

Camplin v. A C and *768 N.E.2d 428 02/21/2002 Transfer granted. S, Inc

Huddleston v. State *759 N.E.2d 1194 02/22/2002 Transfer denied. All Justices concur, except Rucker, J., who votes to grant.

Garner v. State 754 N.E.2d 984 02/22/2002 Transfer granted.

Becker v. State 754 N.E.2d 939 02/22/2002 Transfer granted.

Stonger v. State 750 N.E.2d 391 02/22/2002 Transfer granted.

Wal-Mart v. Wright 754 N.E.2d 1013 02/22/2002 Transfer granted.

RR Donnelley v. 752 N.E.2d 112 02/22/2002 Transfer denied. All North Texas Steel Justices concur, Co. except Sullivan and Boehm, JJ., who vote to grant transfer.

Zawacki v. USX 750 N.E.2d 410 02/22/2002 Transfer denied. All Justices concur.

Hurlow v. Managing 755 N.E.2d 1158 02/22/2002 Transfer denied. All Partners, Inc Justices concur, except Dickson and Rucker, JJ., who vote to grant transfer.

Allen v. Home *751 N.E.2d 349 02/22/2002 Transfer denied. All Farm Ins. Co. Justices concur, except Sullivan, J., who votes to grant transfer.

West Bend Mut. v. 755 N.E.2d 652 02/22/2002 Transfer denied. All Keaton Justices concur.

Ollis v. Knecht 751 N.E.2d 825 02/22/2002 Transfer denied. All Justices concur. except Sullivan and Boehm, JJ., who vote to grant transfer.

Adams v. Hanks *757 N.E.2d 233 02/25/2002 Transfer denied. All Justices concur.

Dimizio v. Romo 756 N.E.2d 1018 02/25/2002 Transfer denied. All Justices concur.

Mazdai v. Brandon *748 N.E.2d 440 02/25/2002 Transfer denied. All Justices concur.

G.J.C., In re *757 N.E.2d 234 02/25/2002 Transfer denied. All Justices concur.

Fullmer v. Turner *754 N.E.2d 51 02/25/2002 Transfer denied. All Justices concur.

D.J., In re 755 N.E.2d 679 02/26/2002 Transfer denied. All Justices concur.

Family Development 753 N.E.2d 693 02/26/2002 Transfer denied. All v. Steuben Cty. Justices concur.

Inland Container 756 N.E.2d 1109 02/26/2002 Petition for Review Corp. v. State granted. All Justices Bd. of Tax Com'rs concur except Boehrn, J., who is not participating.

Holden v. State *756 N.E.2d 1092 02/28/2002 Transfer granted.

Reas v. State *756 N.E.2d 1100 02/28/2002 Transfer granted.

Meeks v. State 759 N.E.2d 1126 02/28/2002 Transfer granted.

Elkins v. State 754 N.E.2d 643 02/28/2002 Transfer denied. All Justices concur except Boehm, J., who votes to grant transfer.

Logan v. State *757 N.E.2d 231 02/28/2002 Transfer denied. All Justices concur except Boehm, J., who votes to grant transfer.

Townsend v. State *759 N.E.2d 1196 02/28/2002 Transfer denied. All Justices concur.

Griffin v. State 756 N.E.2d 572 02/28/2002 Transfer denied. All Justices concur.

Wickens v. State *759 N.E.2d 1200 02/28/2002 Transfer denied. All Justices concur.

Keeney v. State *759 N.E.2d 1198 02/28/2002 Transfer denied. All Justices concur.

Ried v. State *759 N.E.2d 1198 02/28/2002 Transfer denied. All Justices concur.

Kerr v. State *762 N.E.2d 251 02/28/2002 Transfer denied. All Justices concur.

Schaeffer v. State *759 N.E.2d 1198 02/28/2002 Transfer denied. All Justices concur.

Burton v. State *760 N.E.2d 252 02/28/2002 Transfer denied. All Justices concur.

Dycus v. State *760 N.E.2d 252 03/07/2002 Transfer denied. All Justices concur.

Roar v. State *760 N.E.2d 252 03/07/2002 Transfer denied. All Justices concur.

Logan v. State *760 N.E.2d 253 03/07/2002 Transfer denied. All Justices concur.

Yates v. State *760 N.E.2d 252 03/07/2002 Transfer denied. All Justices concur, except Boehm and Rucker, JJ., who vote to grant transfer.

M.G.S., In re 756 N.E.2d 990 03/11/2002 Transfer denied. All Paternity of Justices concur, except Sullivan and Boehm, JJ., who vote to grant transfer.

Fleming v. Kora *49A02-0110-CV-716 03/12/2002 Transfer denied. All Justices concur.

Williams v. State *759 N.E.2d 277 03/12/2002 Transfer denied. All Justices concur.

Strange v. Perfect *759 N.E.2d 278 03/12/2002 Transfer denied. All Fit, Inc. Justices concur.

City of South Bend 751 N.E.2d 805 03/15/2002 Transfer granted. v. Kimsey

Bradford v. State *757 N.E.2d 230 03/15/2002 Transfer denied. All Justices concur.

Gardner v. State *45A04-0108-PC-354 03/15/2002 Transfer denied. All Justices concur.

Glover v. State 760 N.E.2d 1120 03/15/2002 Transfer denied. All Justices concur.

Hughes v. State *759 N.E.2d 1198 03/15/2002 Transfer denied. All Justices concur except Sullivan, J., who votes to grant transfer.

State v. Isaacs 757 N.E.2d 166 03/15/2002 Transfer denied. All Justices concur.

Rice v. State *760 N.E.2d 254 03/15/2002 Transfer denied. All Justices concur.

Vanpelt v. State 760 N.E.2d 218 03/15/2002 Transfer denied. All Justices concur except Rucker, J., who votes to grant transfer.

Grant v. Gaunt *49A02-0105-CV-296 03/19/2002 Transfer denied. All Justices concur.

Osterloo v. Wallar 758 N.E.2d 59 03/19/2002 Transfer denied. All Justices concur.

Gallant Ins. Co. *23A01-0110-CV-370 03/19/2002 Transfer denied. All v. Rowe Justices concur.

Houchens v. 758 N.E.2d 585 03/19/2002 Transfer denied. All Boschert Justices concur.

Perry v. Curtis *752 N.E.2d 671 03/19/2002 Transfer denied. All Justices concur.

Kirchner v. State *76A03-0111-PC-368 03/20/2002 Transfer dismissed. All Justices concur.

Baker v. Smith *759 N.E.2d 1197 03/21/2002 Transfer denied. All Justices concur.

Ferguson v. *759 N.E.2d 277 03/21/2002 Transfer denied. All Terheide Justices concur.

Nelson v. KeyBank *752 N.E.2d 668 03/21/2002 Transfer denied. All Nat. Ass'n Justices concur except Sullivan, J., who is not participating.

Mason v. Ault 749 N.E.2d 1288 03/21/2002 Transfer denied. All Title Justices concur except Dickson and Boehm, JJ., who vote to grant transfer.

Harris v. Schrader *757 N.E.2d 231 03/21/2002 Transfer denied. All Justices concur except Boehm and Rucker, JJ., who vote to grant transfer.

Indiana State Dept. 752 N.E.2d 185 03/21/2002 of Health v. Legacy Health Care

Balfour v. State *762 N.E.2d 251 03/21/2002 Transfer denied. All Justices concur.

Cooper v. State 760 N.E.2d 660 03/21/2002 Transfer denied. All Justices concur.

Diggs v. State *762 N.E.2d 253 03/21/2002 Transfer denied. All Justices concur.

Terrell v. State *763 N.E.2d 4 03/21/2002 Transfer denied. All Justices concur.

Kemp v. State *762 N.E.2d 252 03/21/2002 Transfer denied. All Justices concur.

Collins v. State *759 N.E.2d 283 03/21/2002 Transfer denied. All Justices concur.

Walker v. State 758 N.E.2d 563 03/21/2002 Appellant's Petition to Transfer denied. All Justices concur. Appellee's Petition to Transfer denied. All Justices concur.

Robles v. State 758 N.E.2d 581 03/21/2002 Appellant's Petition to Transfer denied. All Justices concur except Boehm, J., who votes to grant appellant's petition to transfer. Appellee's Petition to Transfer denied. All Justices concur except Dickson and Boehm, JJ., who vote to grant the state's petition to transfer.

Groce v. State 757 N.E.2d 694 03/21/2002 Transfer granted.

Brown v. State *53A01-0105-PC-178 03/25/2002 Transfer dismissed. All Justices concur.

Ingram v. State 760 N.E.2d 615 03/27/2002 Transfer denied. All Justices concur except Rucker, J., who votes to grant transfer.

Lowe v. State *762 N.E.2d 792 03/28/2002 Transfer denied. All Justices concur.

Brown v. State 760 N.E.2d 243 03/28/2002 Transfer denied. All Justices concur.

Bishop v. State *763 N.E.2d 3 03/28/2002 Transfer denied. All Justices concur.

Burnside v. State *762 N.E.2d 792 03/28/2002 Transfer denied. All Justices concur.

Jemison v. State *763 N.E.2d 1 03/28/2002 Transfer denied. All Justices concur.

Menefee v. Schurr 751 N.E.2d 757 04/01/2002 Transfer denied. All Justices concur except Dickson, J., who votes to grant transfer.

Bell v. State *762 N.E.2d 792 04/04/2002 Transfer denied. All Justices concur.

Gullett v. State *763 N.E.2d 1 04/04/2002 Transfer denied. All Justices concur.

Davis v. State *762 N.E.2d 793 04/04/2002 Transfer denied. All Justices concur.

Crawford v. State *763 N.E.2d 3 04/04/2002 Transfer denied. All Justices concur.

Hall v. State 760 N.E.2d 688 04/04/2002 Transfer denied. All Justices concur.

Howard v. State 761 N.E.2d 449 04/04/2002 Transfer denied. All Justices concur.

Mann v. State *763 N.E.2d 2 04/04/2002 Transfer denied. All Justices concur.

Nunally v. State *763 N.E.2d 1 04/04/2002 Transfer denied. All Justices concur.

Nethercutt v. State *09A05-0109-PC-411 04/04/2002 Transfer denied. All Justices concur.

Lutz v. Fortune 758 N.E.2d 77 04/04/2002 Transfer dismissed. All Justices concur except Boehm, J., who is not participating.

Farmers Ins. 757 N.E.2d 145 04/05/2002 Transfer denied. All Exchange v. Justices concur, Smith except Dickson and Boehm, JJ., who vote to grant transfer.

Titus v. Rheitone, 758 N.E.2d 85 04/05/2002 Transfer denied. All Inc. Justices concur, except Boehm, J., who votes to grant transfer.

Sperotiv. Sills *759 N.E.2d 283 04/05/2002 Transfer denied. All Justices concur, except Dickson and Boehm, JJ., who vote to grant transfer.

Asare v. *759 N.E.2d 1195 04/05/2002 Transfer denied. All Caterpillar, Inc Justices concur.

Moons v. State 758 N.E.2d 960 04/05/2002 Transfer denied. All Farm Mut. Justices concur, except Dickson and Rucker, JJ., who vote to grant transfer.

Bacompt Systems, 752 N.E.2d 140 04/05/2002 Transfer denied. All Inc. v. Ashworth Justices concur.

IN Dept. of 756 N.E.2d 1063 04/05/2002 Transfer denied. All Transp. v. Shelly Justices concur, and Sands, Inc. except Dickson, J., who votes to grant transfer.

Town of 757 N.E.2d 705 04/05/2002 Transfer denied. All Plainfield v. Justices concur. Town of Avon

Sagamore Ins. Co. *759 N.E.2d 281 04/05/2002 Transfer denied. All v. Depositors Justices concur, Ins. Co. except Sullivan and Boehm, JJ., who vote to grant transfer.

D.M. v. State *757 N.E.2d 229 04/05/2002 Transfer denied. All Justices concur.

Chaffee v. Seslar 751 N.E.2d 773 04/05/2002 Transfer granted.

Fobar v. Vonderahe 756 N.E.2d 512 04/05/2002 Transfer granted.

Stapleton v. State *763 N.E.2d 5 04/11/2002 Transfer denied. All Justices concur.

Edmonson v. State *763 N.E.2d 499 04/11/2002 Transfer denied. All Justices concur.

Armour v. State 762 N.E.2d 208 04/11/2002 Transfer denied. All Justices concur.

Ward v. State *763 N.E.2d 495 04/11/2002 Transfer denied. All Justices concur.

Washington v. State *763 N.E.2d 498 04/11/2002 Transfer denied. All Justices concur.

Hill v. State *763 N.E.2d 499 04/11/2002 Transfer denied. All Justices concur.

Smith v. State *763 N.E.2d 498 04/11/2002 Transfer denied. All Justices concur.

Mukka v. State *756 N.E.2d 1101 04/15/2002 Transfer denied. All Justices concur.

Warren v. State *742 N.E.2d 556 04/17/2002 Transfer denied. All Justices concur.

Beard v. Beard 758 N.E.2d 1019 04/19/2002 Transfer denied. All Justices concur.

Ratcliff v. Barnes 750 N.E.2d 433 04/19/2002 Transfer denied. All Justices concur except Boehm, J., who votes to grant.

Baker v. Town of 753 N.E.2d 67 04/19/2002 Transfer denied. All Middlebury.... Justices concur.

Douglas v. *759 N.E.2d 1193 04/19/2002 Transfer denied. All Kokotkiewicz Justices concur.

Clark v. State *763 N.E.2d 1033 04/19/2002 Transfer denied. All Justices concur.

Meinhart v. State *763 N.E.2d 494 04/19/2002 Transfer denied. All Justices concur.

Moore v. State *759 N.E.2d 277 04/19/2002 Transfer denied. All Justices concur.

Nolan v. State *763 N.E.2d 4 04/19/2002 Transfer denied. All Justices concur.

Osborn v. State *759 N.E.2d 1199 04/19/2002 Transfer denied. All Justices concur.

Williams v. State *763 N.E.2d 495 04/19/2002 Transfer denied. All Justices concur.

Brannon v. Wilson 733 N.E.2d 1000 04/22/2002 Transfer denied. All Justices concur, except Dickson, J., who dissents from with opinion in which Rucker, J., concurs.

Cuy v. State 755 N.E.2d 248 04/25/2002 Transfer denied. All Justices concur, except Dickson and Boehm, JJ., who vote to grant transfer.

Aboite Corp. *762 N.E.2d 254 04/26/2002 Petition for Review v. State Bd. denied. All Justices of Tax Com'rs concur.

Bates-Gorman v. *748 N.E.2d 447 04/26/2002 Transfer denied. All Gorman Justices concur.

Bates-Gorman v. *757 N.E.2d 229 04/26/2002 Transfer denied. All Gorman Justices concur.

Blevins v. *759 N.E.2d 1197 04/26/2002 Transfer denied. All Blevins Justices concur.

E S Marketing *760 N.E.2d 255 04/26/2002 Transfer denied. All Resources, Inc. Justices concur. v. Prime Source, Inc.

Evansville 757 N.E.2d 151 04/26/2002 Transfer denied. All Outdoor Justices concur. Advertising, Inc. v. Board of Zoning Appeals

Kelley v. Vigo *752 N.E.2d 669 04/26/2002 Appellant's Petition County School for Transfer denied. Corp. All Justices concur. Appellee's Petition for Transfer denied. All Justices concur.

McIntosh v. Cummins 759 N.E.2d 1180 04/26/2002 Transfer denied. All Justices concur.

Parker v. Tuthill *762 N.E.2d 251 04/26/2002 Transfer denied. All Corp. Justices concur.

Reed Sign Service, 755 N.E.2d 690 04/26/2002 Transfer denied. All Inc. v. Reid Justices concur.

Yates v. Poage *760 N.E.2d 253 04/26/2002 Transfer denied. All Justices concur.

Carpenter v. State *763 N.E.2d 499 04/26/2002 Transfer granted.

Kincaid v. State 757 N.E.2d 713 04/26/2002 Transfer granted.

Turney v. State 759 N.E.2d 671 04/26/2002 Transfer denied. All Justices concur.

Haynes v. State *763 N.E.2d 501 04/26/2002 Transfer denied. All Justices concur.

Graves v. State *763 N.E.2d 498 04/26/2002 Transfer denied. All Justices concur.

Burrus v. State 763 N.E.2d 469 04/26/2002 Transfer denied. All Justices concur.

Carroll v. State *763 N.E.2d 497 04/26/2002 Transfer denied. All Justices concur.

Hatcher v. State 762 N.E.2d 170 04/26/2002 Transfer denied. All Justices concur.

King v. State *763 N.E.2d 499 04/26/2002 Transfer denied. All Justices concur.

McClain v. 759 N.E.2d 1096 04/26/2002 Transfer denied. All Chem-Lube Corp. Justices concur except Shepard, C.J., and Sullivan, J., who vote to grant transfer.

Atlantic Ltd. *759 N.E.2d 1199 04/26/2002 Transfer denied. All Partnership v. Justices concur. Citizens Mechanical Service, LLC

Kruse v. Carnahan *17A05-0106-CV-258 04/26/2002 Transfer denied. All Justices concur except Shepard, C.J., and Dickson, J., who vote to grant transfer.

Hill v. Hill *06A05-0104-CV-137 05/01/2002 Transfer denied. All Justices concur.

Cooley v. State *763 N.E.2d 1031 05/03/2002 Transfer denied. All Justices concur.

Craun v. State 762 N.E.2d 230 05/03/2002 Transfer denied. All Justices concur.

Fermaglich v. *762 N.E.2d 251 05/03/2002 Transfer denied. All State Justices concur.

Harris v. State *763 N.E.2d 1034 05/03/2002 Transfer denied. All Justices concur.

Haycraft v. State 760 N.E.2d 203 05/03/2002 Transfer denied. All Justices concur.

Reed v. State *763 N.E.2d 1031 05/03/2002 Transfer denied. All Justices concur.

Wise v. State 763 N.E.2d 472 05/03/2002 Transfer denied. All Justices concur.

Bushong v. 760 N.E.2d 1090 05/03/2002 Transfer granted. Williamson

Brazauskas v. 755 N.E.2d 201 05/03/2002 Transfer granted. Ft. Wayne South-Bend Diocese

P.F.B. v. State 751 N.E.2d 341 05/03/2002 Transfer denied. All Justices concur except Shepard, C.J., and Dickson, J., who vote to grant transfer.

Blocher v. 760 N.E.2d 229 05/03/2002 Transfer denied. All Debartolo Justices concur Properties except Dickson, J., Management, Inc who votes to grant transfer.

Jenkins v. Monroe *763 N.E.2d 497 05/03/2002 Transfer denied. All County Office Justices concur. of Family Children

Justiniano v. 760 N.E.2d 225 05/08/2002 Transfer denied. All Williams Justices concur.

R.B.N. v. State *762 N.E.2d 792 05/08/2002 Transfer denied. All Justices concur.

Greenfield v. 757 N.E.2d 699 05/08/2002 Transfer denied. All Arden Seven Penn Justices concur. Partners, L.P

Golden Rule Ins. 755 N.E.2d 1104 05/08/2002 Transfer denied. All v. Indiana Dept. Justices concur. of Ins.

Anderson v. 758 N.E.2d 597 05/08/2002 Petition for Review Indiana Dept. denied. All Justices of State Revenue concur.

Myers v. Hungry *757 N.E.2d 231 05/08/2002 Transfer denied. All Hoosiers, L.L.C. Justices concur.

El-Malik v. State *763 N.E.2d 1033 05/10/2002 Transfer denied. All Justices concur.

Miles v. State 764 N.E.2d 237 05/10/2002 Transfer denied. All Justices concur.

Majko v. State *763 N.E.2d 1033 05/10/2002 Transfer denied. All Justices concur.

Tipton v. State 765 N.E.2d 187 05/10/2002 Transfer denied. All Justices concur.

Prairie v. Prairie *759 N.E.2d 283 05/13/2002 Transfer denied. All Justices concur.

Faver v. Marion 762 N.E.2d 1244 05/13/2002 Transfer denied. All County Office of Justices concur Family and Children except Sullivan, J., who is not participating.

Schuman v. Kobets 760 N.E.2d 682 05/17/2002 Transfer denied. All Justices concur except Dickson and Boehm, JJ., who vote to grant transfer.

Conway v. *763 N.E.2d 494 05/17/2002 Transfer denied. All Hendricks County Justices concur. Office of Family Children

Francies v. 759 N.E.2d 1106 05/17/2002 Transfer denied. All Francies Justices concur.

Shelter Ins. 759 N.E.2d 1151 05/17/2002 Transfer denied. All Co. v. Woolems Justices concur except Boehm, J., who votes to grant transfer.

Casteel v. Casteel *760 N.E.2d 254 05/17/2002 Transfer denied. All Justices concur.

Shah v. Harris 758 N.E.2d 953 05/17/2002 Transfer denied. All Justices concur except Dickson and Boehm, JJ., who vote to grant transfer.

Rogers v. Mendel 758 N.E.2d 946 05/17/2002 Transfer denied. All Justices concur except Dickson and Boehm, JJ., who vote to grant transfer.

Kirk v. Kirk 759 N.E.2d 265 05/17/2002 Transfer granted.

Redfield v. State *763 N.E.2d 1034 05/17/2002 Transfer denied. All Justices concur.

Buell v. State *763 N.E.2d 1035 05/17/2002 Transfer denied. All Justices concur.

Paschall v. State *766 N.E.2d 457 05/17/2002 Transfer denied. All Justices concur.

Barnett v. State *764 N.E.2d 794 05/17/2002 Transfer denied. All Justices concur except Shepard, C.J. and Rucker, J., who vote to grant transfer and further revise the sentence.

VanWinkle v. State 764 N.E.2d 258 05/17/2002 Transfer denied. All Justices concur except Dickson and Sullivan, JJ., who vote to grant transfer.

Gibbs v. State *769 N.E.2d 594 05/17/2002 Transfer denied. All Justices concur except Dickson, J., who votes to grant transfer.

Morgan v. State *45A03-0202-PC-66 05/17/2002 Transfer granted and remanded to the Court of Appeals. All Justices concur.

Wehr v. Union *763 N.E.2d 2 05/22/2002 Transfer denied. All Savings Loan Justices concur. Assoc.

Haines v. Haines *759 N.E.2d 282 05/22/2002 Transfer denied. All Justices concur.

Woodruff v. Klein 762 N.E.2d 223 05/22/2002 Transfer denied. All Justices concur.

Crawford v. State *764 N.E.2d 796 05/23/2002 Transfer denied. All Justices concur.

Wright v. State *766 N.E.2d 815 05/23/2002 Transfer denied. All Justices concur.

Powell v. State *764 N.E.2d 798 05/23/2002 Transfer denied. All Justices concur.

Wilkinson v. State *764 N.E.2d 797 05/23/2002 Transfer denied. All Justices concur.

Pavey v. State 764 N.E.2d 692 05/23/2002 Transfer denied. All Justices concur.

Johnson v. State 766 N.E.2d 426 05/23/2002 Transfer denied. All Justices concur.

Ingle v. State 766 N.E.2d 392 05/23/2002 Transfer denied. All Justices concur.

Locquiao v. State *766 N.E.2d 48 05/23/2002 Transfer denied. All Justices concur.

Bunch v. State 760 N.E.2d 1163 05/23/2002 Transfer granted.

Hoke v. Hoke *756 N.E.2d 1100 05/27/2002 Transfer denied. All Justices concur.

Harris v. Traini 759 N.E.2d 215 05/27/2002 Transfer denied. All Justices concur.

Fischer-Marsh *763 N.E.2d 3 05/27/2002 Transfer denied. All v. Fischer Justices concur.

Canganelli v. *766 N.E.2d 411 05/27/2002 Transfer denied. All Canganelli Justices concur.

Pickens v. State 764 N.E.2d 295 05/31/2002 Transfer denied. All Justices concur.

Lomax v. State *765 N.E.2d 709 05/31/2002 Transfer denied. All Justices concur.

Johnson v. State *765 N.E.2d 709 05/31/2002 Transfer denied. All Justices concur.

Batchelor v. State *765 N.E.2d 709 05/31/2002 Transfer denied. All Justices concur.

Myers v. State *765 N.E.2d 710 05/31/2002 Transfer denied. All Justices concur.

Goodnight v. State *765 N.E.2d 708 05/31/2002 Transfer denied. All Justices concur.

Flint v. State *766 N.E.2d 48 05/31/2002 Transfer denied. All Justices concur.

Bailey v. State 764 N.E.2d 728 05/31/2002 Transfer denied. All Justices concur except Boehm and Rucker, JJ., who vote to grant transfer.

Sanders v. State 764 N.E.2d 705 05/31/2002 Transfer denied. All Justices concur.

Steiner v. State 763 N.E.2d 1024 05/31/2002 Transfer denied. All Justices concur except Dickson and Sullivan, JJ., who vote to grant transfer.

Davis v. State *759 N.E.2d 1196 05/31/2002 Transfer granted.

Tucker v. State *757 N.E.2d 234 05/31/2002 Transfer granted.

Jones v. Marion *763 N.E.2d 1034 06/03/2002 Transfer denied. All County Office of Justices concur Family and Children except Sullivan, J., who is not participating.

Davis v. Lake *766 N.E.2d 47 06/03/2002 Transfer denied. All County Office of Justices concur Family and Children except Sullivan, J., who is not participating.

Walker v. State *764 N.E.2d 799 06/03/2002 Transfer denied. All Justices concur.

Weber v. Weher *763 N.E.2d 496 06/05/2002 Transfer denied. All Justices concur.

Dye v. Vincennes *763 N.E.2d 501 06/05/2002 Transfer denied. All Police Civil Justices concur. Service Merit Comm.

Wernke v. State *756 N.E.2d 1095 06/12/2002 Transfer denied. All Justices concur.

D J Gravel Co. 763 N.E.2d 1030 06/13/2002 Transfer denied. All v. City of South Justices concur. Bend

Underwood v. State *02A05-0102-CR-47 06/13/2002 Transfer denied. All Justices concur.

Kissick v. State *765 N.E.2d 710 06/13/2002 Transfer denied. All Justices concur.

Berry v. State *766 N.E.2d 816 06/13/2002 Transfer denied. All Justices concur.

Williams v. State *766 N.E.2d 48 06/13/2002 Transfer denied. All Justices concur.

Oldham v. State *766 N.E.2d 47 06/13/2002 Transfer denied. All Justices concur.

Hero v. State 765 N.E.2d 599 06/13/2002 Transfer denied. All Justices concur.

Farrell v. State *766 N.E.2d 48 06/13/2002 Transfer denied. All Justices concur.

Harville v. Town *759 N.E.2d 1198 06/20/2002 Transfer denied. All of Avon Justices concur.

Gibson v. Hernandez 764 N.E.2d 253 06/20/2002 Transfer denied. All Justices concur.

D.A.M. v. State *766 N.E.2d 814 06/20/2002 Transfer denied. All Justices concur.

Tioga Pines v. 760 N.E.2d 1080 06/20/2002 Transfer denied. All In. Family and Justices concur Social Services except Sullivan, J., who is not participating.

Cunningham v. *763 N.E.2d 499 06/20/2002 Transfer denied. All Cunningham Justices concur.

Estate of Deipha *764 N.E.2d 795 06/20/2002 Transfer denied. All v. Deipha Justices concur.

Vermillion County *763 N.E.2d 1033 06/20/2002 Transfer denied. All Bd. of Zoning Justices concur. v. Unisite, Inc

Carothers v. State *766 N.E.2d 460 06/20/2002 Transfer denied. All Justices concur.

Daniel v. State *764 N.E.2d 798 06/20/2002 Transfer denied. All Justices concur.

Emery v. State *52A02-0111-PC-798 06/20/2002 Transfer denied. All Justices concur.

Hall v. State *766 N.E.2d 460 06/20/2002 Transfer denied. All Justices concur.

Harris v. State 762 N.E.2d 163 06/20/2002 Transfer denied. All Justices concur.

Kearney v. State *766 N.E.2d 814 06/20/2002 Transfer denied. All Justices concur.

Proctor v. State *766 N.E.2d 817 06/20/2002 Transfer denied. All Justices concur.

Sarver v. State *766 N.E.2d 815 06/20/2002 Transfer denied. All Justices concur.

Dixon v. State *766 N.E.2d 48 06/20/2002 Transfer denied. All Justices concur except Dickson and Boehm, JJ., who vote to grant transfer.

Watkins v. State 766 N.E.2d 18 06/20/2002 Transfer denied. All Justices concur.

Lane-El v. State *49A02-0104-PC-223 06/20/2002 Transfer dismissed.

Schwartz v. Gary 762 N.E.2d 192 06/20/2002 Transfer denied. All Community School Justices concur, Corp. except Shepard, C.J., and Sullivan, J., who vote to grant transfer.

Chrysler Financial 761 N.E.2d 909 06/20/2002 Petition for Review Co. v. IN Dept. is denied. All of Rev. Justices concur, except Shepard, C.J., and Sullivan, J., who vote to grant review.

Circle Centre 762 N.E.2d 176 06/20/2002 Transfer denied. All Development C. Justices concur. v. Y/G Indiana

Lawson v. 760 N.E.2d 1126 06/20/2002 Transfer denied. All Lafayette Justices concur, Home Hosp. except Dickson and Boehm, JJ., who vote to grant transfer.

Hoover v. Smith *764 N.E.2d 797 06/20/2002 Transfer denied. All Justices concur.

Stansberry v. 758 N.E.2d 540 06/20/2002 Transfer granted. Howard

Milledge v. The *764 N.E.2d 230 06/20/2002 Transfer granted. Oaks A Living Center

Ispat Inland, 757 N.E.2d 1078 06/21/2002 Petition for Review Inc. v. State Bd. granted. of Tax Com'rs

Robertson v. State *766 N.E.2d 816 06/25/2002 Transfer denied. All Justices concur.

Pernell v. State *766 N.E.2d 816 06/25/2002 Transfer denied. All Justices concur.

McQuay v. State *766 N.E.2d 816 06/25/2002 Transfer denied. All Justices concur.

Inman v. State 766 N.E.2d 1284 06/25/2002 Transfer denied. All Justices concur.

Ingram v. City 759 N.E.2d 1144 06/25/2002 Transfer denied. All of Indianapolis Justices concur except Shepard, C.J. and Sullivan, J., who vote to grant transfer.

Kalwitz, In re 759 N.E.2d 228 06/26/2002 Transfer denied. All Estate of Justices concur except Boehm, J., who votes to grant transfer.

Hartig v. Stratman 760 N.E.2d 668 06/26/2002 Transfer denied. All Justices concur except Dickson and Boehm, JJ., who vote to grant transfer.

Turner v. Richmond 756 N.E.2d 547 06/26/2002 Transfer denied. All Power Light Co Justices concur except Shepard, C.J., and Boehm, J., who vote to grant transfer.

Hopper v. Colonial 762 N.E.2d 181 06/26/2002 Transfer denied. All Motel Properties, Justices concur Inc. except Dickson and Boehm, JJ., who vote to grant transfer.

Baca v. New Prime, 763 N.E.2d 1014 06/26/2002 Transfer granted. Inc.

Allen v. Moran 760 N.E.2d 198 06/28/2002 Transfer denied. All Justices concur.

Garling v. IN 756 N.E.2d 1029 06/28/2002 Transfer denied. All Dept. of Natural Justices concur. Resources

Zemco Mfg., Inc. 759 N.E.2d 239 06/28/2002 Transfer denied. All v. Navistar Intern. Justices concur. Transp.

Ramsey v. Ganz *763 N.E.2d 500 06/28/2002 Transfer denied. All

JOSEPH E. CORCORAN, Appellant (Defendant), v. STATE OF INDIANA, Appellee (Plaintiff).

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