Published Order
This matter is before us on direct appeal under Indiana Appellate Rule 4(A)(1)(b), which gives the Indiana Supreme Court mandatory and exclusive jurisdiction over appeals of final judgments that declare a state or federal statute unconstitutional. On December 7, 2023, the trial court issued an order enjoining the enforcement of Indiana Code section 3-8-2-7(a)(4), and Appellants appealed.
On February 15, 2024, after reviewing the parties’ briefs and holding oral argument, we issued an order staying the trial courts order pending the Courts forthcoming opinion. Appellee filed a motion for relief from the stay order, and Appellants filed responses.
Being duly advised, a majority of the Court votes to DENY Appellees “Verified Motion for Relief from Stay.” Further, a majority of the Court votes to REVERSE the trial courts judgment and REMAND to enter judgment for Appellants on all of Appellees claims. The Courts opinion will soon be forthcoming.