Opinion

State v. Thomas

  • 827 N.E.2d 577
  • 2005 Ind. App. LEXIS 827
  • 2005 WL 1163267
Court
Indiana Court of Appeals
Filed
May 18, 2005
Status
Published
Author
Baker
On the bench
Baker, Friedlander, Sharpnack
Cited by
1 cases

examining an issue raised by the appellant despite the appellee’s concession

How later courts described this case

  • examining an issue raised by the appellant despite the appellee’s concession

Written by the judges who cited it.

The opinion

BAKER, Judge,

concurring in part and dissenting in part.

While I concur with the majority’s opinion inasmuch as it has determined that this issue is not moot, I must dissent from the resolution of the remaining issue. Thomas clearly concedes in his brief that the trial court erred. “The Appellee accepts the States [sic] contentions and arguments as being legally and factually correct.” Ap-pellee’s Br. p. 5. The only issue that Thomas argued was mootness. Thus, our inquiry should have ended with the resolution of that question in the State’s favor. I therefore vote to reverse the decision of the trial court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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