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Indiana appeal court

Indiana

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Case Information

Filed 2023-09-10
Type Post Conviction Appeal
Docket 71 entries
Disposition affirmed

Docket Entries

  1. Opinion Issued Memorandum Decision Memorandum Decision Affirmed, Felix, J. Bailey, J., and Kenworthy, J., concur. Judicial Officer: Felix, Paul A. Serve: Hine, Cassandra Serve: Karozos, Amy Serve: Kazmierczak, Michelle Serve: Rigney, Jacob Serve: Rokita, Theodore File Stamp: 10/18/2024
  2. Document Transmitted
  3. Case Fully Briefed Oral Argument Requested: No FB Date: 08/22/2024
  4. Transmitted to Court of Appeals
  5. Brief - Appellant Reply Brief - Appellant Reply Certificate of Service- Electronically Served 08/20/24 Attorney: Rigney, Jacob Party: Weber, Kristopher File Stamp: 08/20/2024
  6. Brief - Appellee Brief - Appellee Certificate of Service- Electronically Served 08/06/24 Attorney: Kazmierczak, Michelle Party: State of Indiana File Stamp: 08/06/2024
  7. Appearance by Deputy AG Certificate of Service- Electronically Served 7/15/2024 DAG: Kazmierczak, Michelle Party: State of Indiana File Stamp: 07/15/2024
  8. Corrected Entry 07.05.24 Entry showing Notice of Defect issued for Appellant's Appendix is corrected to Appellant's Brief.
  9. Notice of Defect Issued Appellant's Brief Party: Weber, Kristopher Serve: Hine, Cassandra Serve: Karozos, Amy Serve: Rigney, Jacob Serve: Rokita, Theodore Issue Date: 07/05/2024
  10. Document Transmitted
  11. Brief - Appellant Brief - Appellant Brief - Appealed Order Certificate of Service- Electronically Served 07/08/24 Attorney: Rigney, Jacob Party: Weber, Kristopher File Stamp: 07/08/2024
  12. Notice of Defect Cured Clerk Comments: Appellant's Brief Party: Weber, Kristopher Serve: Hine, Cassandra Serve: Karozos, Amy Serve: Rigney, Jacob Serve: Rokita, Theodore File Stamp: 07/08/2024
  13. Received Document Receive Date: 07/08/24 Appellant's Appendix - documents previously tendered without defect. Notice of Defect sent on 07.05.24 erroneously stated Appellant's Appendix. PostmarkDate: 07/08/2024
  14. Document Transmitted
  15. Received Document Receive Date: 07/04/24 Appellant's Brief - lacks separate attachement of order/judgment being appealed. PostmarkDate: 07/04/2024
  16. Appendix Filed Volumes of Appendices: Two (2) Certificate of Service- Electronically Served 07/04/24 Attorney: Rigney, Jacob Party: Weber, Kristopher File Stamp: 07/04/2024
  17. Notice of Defect Issued Appellant's Appendix Party: Weber, Kristopher Serve: Rigney, Jacob Issue Date: 07/05/2024
  18. Document Transmitted
  19. Order Granting Motion for Extension of Time To File Brief order granting extension of time Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Motion for Extension of Deadline to File Brief is granted as a final extension. 2. Appellant's Brief is due on July 8, 2024. 3. No further extensions will be granted. Failure to timely file a brief will result in the automatic dismissal of this appeal. See Ind. Appellate Rule 45(D). Judicial Officer: Altice, Robert R. Party: Weber, Kristopher Serve: Hine, Cassandra Serve: Karozos, Amy Serve: Rigney, Jacob Serve: Rokita, Theodore File Stamp: 06/07/2024
  20. Document Transmitted
  21. Appearance (Jacob Rigney) Certificate of Service- Electronically Served 06/04/24 Attorney: Rigney, Jacob Party: Weber, Kristopher File Stamp: 06/04/2024
  22. Motion for Extension of Time to File Brief Motion for Extension Certificate of Service- Electronically Served 06/04/24 Attorney: Rigney, Jacob Party: Weber, Kristopher File Stamp: 06/04/2024
  23. Received Document Receive Date: 05/13/24 Appellant's Motion to Withdraw Limited Appearance - certificate of service does not list party served. PostmarkDate: 05/13/2024
  24. Notice of Defect Issued Appellant's Motion to Withdraw Limited Appearance Party: Weber, Kristopher Serve: Hine, Cassandra Serve: Rokita, Theodore Issue Date: 05/13/2024
  25. Document Transmitted
  26. Order Granting Motion for Extension of Time To File Brief order granting extension of time Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Motion for Enlargement of Time to File Appellant's Brief in order to Secure Counsel is granted in part. 2. Appellant's Brief is due on June 5, 2024. Judicial Officer: Altice, Robert R. Party: Weber, Kristopher Serve: Hine, Cassandra Serve: Karozos, Amy Serve: Rokita, Theodore File Stamp: 05/02/2024
  27. Document Transmitted
  28. Appearance (Hine) Certificate of Service- Electronically Served and Mailed on 05/01/24 Attorney: Hine, Cassandra Party: Weber, Kristopher File Stamp: 05/01/2024
  29. Motion for Extension of Time to File Brief Motion for Extension Certificate of Service- Electronically Served and Mailed on 05/01/24 Attorney: Hine, Cassandra Party: Weber, Kristopher File Stamp: 05/01/2024
  30. Notice of Defect Cured Clerk Comments: Appearance for C. Hine Party: Weber, Kristopher Serve: Hine, Cassandra Serve: Karozos, Amy Serve: Rokita, Theodore File Stamp: 05/01/2024
  31. Document Transmitted
  32. Received Document Receive Date: 04/29/24 Appearance for Cassandra Hine AND Motion for Enlargement of Time to File Appellant's Brief in Order to Secure Counsel. The Appearance lacks a certificate of service. PostmarkDate: 04/29/2024
  33. Notice of Defect Issued Appearance for C. Hine Party: Weber, Kristopher Serve: Hine, Cassandra Serve: Karozos, Amy Serve: Rokita, Theodore Serve: Weber, Kristopher Issue Date: 04/29/2024
  34. Document Transmitted
  35. Order Issued order granting motion to reinstate Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Motion to Reinstate Appeal is granted and this appeal is hereby reinstated. 2. Appellant's Brief and Appendix are due within thirty (30) days of the date of this order. 3. Failure to timely file a Brief may result in dismissal of this appeal with prejudice. See Indiana Appellate Rule 45(D). 4. The Clerk of this Court is directed to send this order to the parties, the trial court, and the Marshall Circuit and Superior Courts Clerk. 5. The Marshall Circuit and Superior Courts Clerk is directed to file this order under Cause Number 50D03-2301-PC-1, and, pursuant to Indiana Trial Rule 77(D), the Clerk shall place the contents of this order in the Record of Judgments and Orders. Riley, Vaidik, JJ., Shepard, Sr.J., concur. Judicial Officer: Altice, Robert R. Serve: Karozos, Amy Serve: Rokita, Theodore File Stamp: 04/05/2024
  36. Document Transmitted
  37. Document Filed Motion for Sentence Modification- Appellant Certificate of Service- Mailed 03/22/2024 Attorney: Weber, Kristopher Party: Weber, Kristopher File Stamp: 04/01/2024
  38. Order Issued order denying motion for modification of sentence Having reviewed the matter, the Court finds and orders as follows: 1. The Clerk of the Court is directed to file Appellant's Motion for Modification of Sentence received on March 23, 2024, as of the date of this order. 2. Appellant's Motion for Modification of Sentence is denied. 3. This appeal remains dismissed. Judicial Officer: Altice, Robert R. Serve: Karozos, Amy Serve: Rokita, Theodore Serve: Weber, Kristopher File Stamp: 04/01/2024
  39. Document Transmitted
  40. Appearance (Amy Karozos) Certificate of Service- Electronically Served 03/27/24 Attorney: Karozos, Amy Party: Weber, Kristopher File Stamp: 03/27/2024
  41. Motion to Reinstate Appeal Motion to Reinstate Appeal- Appellant Motion to Reinstate Appeal- Affidavit Certificate of Service- Electronically Served 03/27/24 Attorney: Karozos, Amy Party: Weber, Kristopher File Stamp: 03/27/2024
  42. Received Document Receive Date: 03/21/2024 Motion for Sentence Modification- Appellant **Certificate of service does not list parties served; case was dismissed** PostmarkDate: 03/21/2024
  43. Received Document Receive Date: 03/23/2024 Motion for Sentence Modification- Appellant **Case was dismissed** PostmarkDate: 03/23/2024
  44. Received Document Receive Date: 03/20/2024 Motion for Sentence Modification- Appellant **Lacks certificate of service; case was dismissed** PostmarkDate: 03/20/2024
  45. Order Dismissing Appeal with Prejudice order dismissing appeal Having reviewed the matter, the Court finds and orders as follows: 1. Because Appellant has not timely filed a Brief, this appeal is dismissed with prejudice pursuant to Indiana Appellate Rule 45(D). 2. The Clerk of the Court is directed to send this order to the parties, the trial court, and the Marshall Circuit and Superior Courts Clerk. 3. The Marshall Circuit and Superior Courts Clerk is directed to file this order under Cause Number 50D03-2301-PC-1, and, pursuant to Indiana Trial Rule 77(D), the Clerk shall place the contents of this order in the Record of Judgments and Orders. Judicial Officer: Altice, Robert R. Serve: Rokita, Theodore Serve: Weber, Kristopher File Stamp: 03/20/2024
  46. Trial Court Clerk Notified to Transmit Transcript Date Sent: 03/20/2024
  47. Document Transmitted
  48. Document Transmitted
  49. Electronic Documents Received from Trial Court Clerk Volumes of Transcripts - One (1) Volumes of T/C - One (1) Received Electronically 03/20/24 Postmark: 03/20/2024
  50. Court Notified Regarding Non-compliance With Order No Appellant's Brief filed per order issued on 12/4/23.
  51. Notice of Defect Cured Clerk Comments: Motion to Proceed on Appeal in Forma Pauperis- Appellant Party: Weber, Kristopher Serve: Rokita, Theodore File Stamp: 01/11/2024
  52. Document Transmitted
  53. Order Granting Motion to Proceed in Forma Pauperis order granting pauper status Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Motion to Proceed on Appeal In Forma Pauperis is granted. 2. Pursuant to Indiana Appellate Rule 40, Appellant may proceed on appeal in forma pauperis and is relieved of the obligation to pay the appellate filing fee. Judicial Officer: Brown, Elaine B. Party: Weber, Kristopher Serve: Rokita, Theodore File Stamp: 01/18/2024
  54. Document Transmitted
  55. Motion to Proceed in Forma Pauperis Certificate of Service- Electronically Served 12/20/2024 Attorney: Weber, Kristopher File Stamp: 01/11/2024
  56. Corrected Entry Motion for Pauper should indicate certificate of service date for 2023
  57. Motion to Proceed in Forma Pauperis Certificate of Service- Electronically Served 12/20/2023 Attorney: Weber, Kristopher File Stamp: 01/11/2024
  58. Received Document Receive Date: 12/22/2023 Motion for Pauper and Affidavit in Support- Appellant **Lacks order from trial court regarding pauper; lacks date of service, method of service, and does not indicate service to opposing party** PostmarkDate: 12/22/2023
  59. Notice of Defect Issued Motion for Pauper and Affidavit in Support- Appellant Party: Weber, Kristopher Serve: Rokita, Theodore Issue Date: 12/27/2023
  60. Document Transmitted
  61. Order Granting Motion to Withdraw Appearance order granting motion to w/d appearance Having reviewed the matter, the Court finds and orders as follows: 1. The Verified Motion for Leave to Withdraw Appearance is granted. 2. The Clerk of the Court is directed to remove from the Clerk's docket Attorney Arie J. Lipinski as counsel of record for Appellant. 3. Pursuant to the Court's November 16, 2023 order, Appellant's Brief and Appendix remain due on December 22, 2023. 4. The Clerk of the Court is directed to send this order to the parties and former counsel of record. Judicial Officer: Altice, Robert R. Serve: Rokita, Theodore Serve: Weber, Kristopher File Stamp: 12/04/2023
  62. Document Transmitted
  63. Motion to Withdraw Appearance Motion for Leave to Withdraw Appearance Motion to Withdraw - Exhibit A - Motion for Leave to Withdraw Certificate of Service- Electronically Served 11/28/23 Party: Weber, Kristopher File Stamp: 11/28/2023
  64. Order Granting Motion for Extension of Time To File Brief order granting appellant's motion for extension of time Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Verified Motion for Extension of Time to File Appellant's Brief is granted. 2. Appellant's brief is due on December 22, 2023. Judicial Officer: Altice, Robert R. Party: Weber, Kristopher Serve: Rokita, Theodore File Stamp: 11/16/2023
  65. Document Transmitted
  66. Motion for Extension of Time to File Brief Motion for Extension of Time to File Brief- Appellant Certificate of Service- Electronically Served 11/13/23 Party: Weber, Kristopher File Stamp: 11/13/2023
  67. Notice of Completion of Transcript Certificate of Service- Electronically Served 10/23/23 File Stamp: 10/23/2023
  68. Notice of Completion of Clerk's Record Transcript Not Yet Completed Certificate of Service- Electronically Served 09/27/23 File Stamp: 09/27/2023
  69. Notice of Appeal Filed Certificate of Service- Electronically Served 09/10/23 Party: Weber, Kristopher File Stamp: 09/10/2023
  70. NOA Service to Trial Court Sent Date: 09/11/2023
  71. Document Transmitted

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