IN THE

SUPREME COURT OF INDIANA 

STATE OF INDIANA                                  )           Supreme Court No. 66S00-0205-SJ-289

                                                                        )

vs.                                                                   )    

                                                                        )           Case No. 66C01-8709-CF-21

ROBERT G. BEATTY                                )           in the Pulaski Circuit Court

ORDER REMANDING JURISDICTION TO TRIAL COURT

      Comes now the Clerk of the Pulaski Circuit Court, and pursuant to Ind.Trial Rule 53.1, certifies this matter here for the appointment of a special judge.

      And this Court, being duly advised, now finds that, jurisdiction of this matter should be remanded to the Pulaski Circuit Court and Special Judge David P. Matsey. The Chronological Case Summary reflects that the trial court appointed counsel for the defendant and that counsel filed a request to defer ruling until the filing of a Certificate of Readiness. A defendant, represented by counsel, must present his cause to the trial court through counsel, and may not proceed pro se at the same time.

      IT IS, THEREFORE, ORDERED that jurisdiction of this matter should be remanded to the Pulaski Circuit Court and Special Judge David P. Matsey.

      The Clerk of this Court is directed to forward notice of this Order to the Hon. David P. Matsey, Starke Circuit Court, 53 East Washington Street, Knox, IN 46534-1196, and to the Clerk of the Pulaski Circuit Court.

      The Clerk of the Pulaski Circuit Court is directed to forward notice of this Order to all parties of record in the case below.

DONE at Indianapolis, Indiana, this _______ day of September, 2003.

                                                                                                ________________________

                                                                                                Randall T. Shepard

                                                                                                Chief Justice of Indiana