IN THE

SUPREME COURT OF INDIANA 

STATE OF INDIANA                                  )           Supreme Court No. 92S00-0312-SJ-606

                                                                        )

vs.                                                                   )    

                                                                        )           Case No. 92C01-9112-CF-168

BRIAN J. DEAR                                          )           in the Whitley Circuit Court

ORDER REMANDING JURISDICTION TO TRIAL COURT

      Comes now the Clerk of the Whitley 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 Whitley Circuit Court and Special Judge Jeffrey R. Heffelfinger. In returning jurisdiction to Judge Heffelfinger, we acknowledge that defendant properly invoked his rights under Indiana Trial Rule 53.1(C) when he filed his praecipe on September 10, 2003, alleging the judge did not rule on his motion to proceed in forma pauperis. However, in view of the fact that this motion was (but for the withdrawal of submission) granted by the judge on September 15, 2003, we find no injustice in deeming, and view it to be in the best interests of the prompt adjudication of this cause, to deem the September 15 order valid.

      IT IS, THEREFORE, ORDERED that jurisdiction of this matter should be remanded to the Whitley Circuit Court and Special Judge Jeffrey R. Heffelfinger.

      The Clerk of this Court is directed to forward notice of this Order to the Hon. Jeffrey R. Heffelfinger, Huntington Superior Court, 201 North Jefferson Street, #302, Huntington, IN 46750-2867, and to the Clerk of the Whitley Circuit Court.

      The Clerk of the Whitley 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 December, 2003.

                                                                                                ________________________

                                                                                                Acting Chief Justice of Indiana