IN THE INDIANA SUPREME COURT Cause No. 94S00-0002-MS-77

ORDER AMENDING

INDIANA RULES OF APPELLATE PROCEDURE
Under the authority vested in the Indiana Supreme Court to provide by rule for the procedures employed in all courts of this state, on February 4, 2000, the Court issued an order adopting an entirely new set of Rules 
of Appellate Procedure (“New Appellate Rules”                      ) that will go into effect on January 
1, 2001.  Until that date, the previously existing Rules of Appellate Procedure 
 (“Former Appellate Rules”                                               ) remain in effect.   Both sets of Rules are
published in full in West’s Indiana Rules of Court 2000. The Court now directs that New Appellate Rule 4(A)(1)(a) be amended as follows (deletions shown by striking and new text shown by underlining).

        
A. Appellate Jurisdiction.

(1) Mandatory review. The Supreme Court shall have mandatory and exclusive jurisdiction over the following cases:

(a) Criminal Appeals in which a sentence of death, life imprisonment or a minimum term of greater then fifty (50) years for a single offense or life imprisonment without parole is imposed under Ind. Code § 35-50-2-9 and Criminal Appeals in post conviction relief cases in which the sentence was death.

(b) Appeals of Final Judgments declaring a state or federal statute unconstitutional in whole or in part.

(c) Appeals involving waiver of parental consent to abortion under Rule 62.

(d) Appeals involving mandate of funds under Trial Rule 60.5(B) and Rule 61.

This amendment is effective along with the New Appellate Rules on January 1, 2001. That is, New Appellate Rule 4(A), as amended, applies to all appeals in which a Notice Of Appeal required under New Appellate Rule 9(A) (effective January 1, 2001) is filed. Praecipes for the preparation of a record in appeals are abolished effective January 1, 2001. See New Appellate Rule 9(A)(4). In all appeals in which a praecipe was filed before January 1, 2001 under Former Appellate Rule 2(A), Former Appellate Rule 4 (which remains in effect until January 1, 2001), shall apply, in determining appellate jurisdiction.

    The Clerk of this Court is directed to forward a copy of this Order to the Clerk of each Circuit Court in the State of Indiana; Attorney General of Indiana; Legislative Services Agency; Office of Code Revision, Legislative Services Agency; Administrator, Supreme Court of Indiana; Administrator, Indiana Court of Appeals; Administrator, Indiana Tax Court; Public Defender of Indiana; Indiana Supreme Court Disciplinary Commission; Indiana Supreme Court Commission on Continuing Legal Education; Indiana Board of Law Examiners; Indiana Judicial Center; Division of State Court Administration; the libraries of all law schools in the state; the Michie Company; and West Publishing Company.

West Publishing Company is directed to publish this Order in the advance sheets of the Court.

The Clerks of the Circuit Courts are directed to bring this Order to the attention of all Judges within their respective counties and to post this Order for examination by the Bar and general public.

Done at Indianapolis, Indiana, this ______ day of November, 2000.

                    FOR THE SUPREME COURT
                    
_________________________
                    Randall T. Shepard
                    Chief Justice of Indiana