Khalil Jalon Payne, Appellant, v. State of Indiana, Appellee. (2022)

Order

[1] On September 2, 2022, the Court issued its Memorandum Decision. Thereafter, Judge Pyle, who concurred in the Memorandum Decision, has determined that he has a conflict that requires his recusal from this case.

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

1. The Court's September 2, 2022 Memorandum Decision is withdrawn and vacated. The Court will issue a substitute 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 substitute opinion is issued.

2. The Clerk of the Court is directed to remove from the Court's website the September 2, 2022 version of this Court's Memorandum Decision.

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

4. The Tippecanoe Circuit and Superior Courts Clerk is directed to file this order under Cause Number 79D02-2009-F4-56, 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,

Robb, Weissmann, JJ., concur.