Ty Evans, Appellant, v. State of Indiana, Appellee. (2025)

Order

[1] On January 3, 2025, the Court issued its Memorandum Decision.

[2] Appellant, pro se, has now filed a Motion to Publish and a Petition for Rehearing.

[3] Appellant, pro se, has also filed a Verified Motion to Recuse. After reviewing the Verified Motion to Recuse, Judge Bradford notes that he has no independent recollection of his prior involvement in Appellant's federal case thirty (30) years ago. Nevertheless, in an abundance of caution, and to avoid any appearance of impropriety as required by our judicial code of ethics, Judge Bradford will recuse himself from this case.

[4] Having reviewed the matter, the Court finds and orders as follows:

1. Based upon the grounds set forth above, Appellant's Verified Motion to Recuse is granted.

2. Appellant's Motion to Publish and Petition for Rehearing are both denied as moot.

3. The Court's January 3, 2025 Memorandum Decision is withdrawn and vacated. The Court will issue a subsequent opinion in due course. Accordingly, the time periods for filing a petition for rehearing or a petition to transfer will commence on the date the subsequent opinion is issued.

4. The Clerk of the Court is directed to remove from the Court's website the January 3, 2025 version of this Court's Memorandum Decision.

5. The Clerk of the Court is directed to retransmit the case so that it may be assigned to a new panel.

6. The Clerk of the Court is directed to send this order to the parties, the trial court, the Marion Circuit and Superior Courts Clerk, West/Thomson Reuters, LexisNexis, and all other sources to which decisions/opinions of this Court are sent.

7. The Marion Circuit and Superior Courts Clerk is directed to file this order under Cause Number 49G02-0505-FA-82867, and, pursuant to Indiana Trial Rule 77(D), the Clerk shall place the contents of this order in the Record of Judgments and Orders.

For the Court,

Bailey, Foley, JJ., concur.