Narrative Opinion Summary
In this appellate case, the appellant, Thacker, contests a post-conviction court's decision to set aside a prior order that had granted him relief from convictions for carrying a handgun without a license and violating the Controlled Substances Act. Initially, Thacker filed a pro se petition for post-conviction relief, which was granted after an evidentiary hearing. However, the presiding judge, Judge Lockyear, disqualified himself after a potential conflict of interest was raised and subsequently vacated his earlier ruling without conducting a hearing. Thacker argues that following the judge's disqualification, the case should have been referred to a special judge, which did not occur. The State contends that Thacker waived his right to object to the disqualification by failing to do so at the time of the judge's announcement. The appellate court found that Judge Lockyear's actions post-disqualification were improper and that procedural requirements under Indiana Trial Rule 79 were not followed. Consequently, the court reversed the lower court's decision and remanded the case for reinstatement of Thacker's post-conviction relief with instructions to appoint a special judge to address pending motions. Judges Baker and Staton concurred with the decision.
Legal Issues Addressed
Authority of a Judge Pro Tem Following Disqualificationsubscribe to see similar legal issues
Application: The judge pro tem had no authority beyond what the original judge possessed, and actions taken post-disqualification were invalid.
Reasoning: The judge pro tem had no authority beyond what the original judge possessed, and all actions taken by Judge Lockyear post-disqualification were disregarded.
Disqualification of a Judge and Order Setting Aside Prior Rulingssubscribe to see similar legal issues
Application: The case examines whether a judge, after disqualifying himself, can set aside his previous order granting post-conviction relief.
Reasoning: The key issue on appeal is whether the post-conviction judge erred by setting aside his prior ruling after disqualifying himself.
Requirement of a Special Judge Appointmentsubscribe to see similar legal issues
Application: Under Indiana Trial Rule 79, a special judge must be appointed after a judge's disqualification, which was not adhered to in this case.
Reasoning: According to Ind. Trial Rule 79, after a judge's disqualification, certification for appointment of a special judge is required.
Waiver of Right to Challenge Judicial Disqualificationsubscribe to see similar legal issues
Application: The State argued that Thacker waived his right to challenge the disqualification by failing to object at the time it was announced.
Reasoning: The State contends that Thacker waived his right to challenge the disqualification by not objecting at the time of the judge's announcement.