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Indiana appeal court

Indiana

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Case Information

Filed 2023-08-31
Type Post Conviction Appeal
Docket 77 entries
Disposition dismissed

Docket Entries

  1. Note 3 vol. Trans., 3 vol. Exhibit, T/C, 1 vol. Appendix w/separate PSR, & 5 briefs from 49S04-1304-CR-249 returned to original case.
  2. Opinion Certified Serve: Lewis, Robert Serve: Rokita, Theodore Serve: Sherman, George Notice Date: 12/19/2024
  3. Document Transmitted
  4. Order Denying Petition to Transfer Order - Transfer Appellant's petition to transfer denied. All Justices concur. Judicial Officer: Rush, Loretta H. Party: Delagrange, David Serve: Lewis, Robert Serve: Rokita, Theodore Serve: Sherman, George File Stamp: 12/12/2024
  5. Document Transmitted
  6. Corrected Entry Entry regarding Petition to Transfer received is corrected to show the received date of 10/14/2024 rather than 10/14/2004.
  7. Received Document Receive Date: 10/14/24 Appellant's Petition to Transfer - certificate of service states incorrect document being served. PostmarkDate: 10/14/2024
  8. Transmitted on Transfer (Supreme Court)
  9. Brief - Response to Transfer Brief - Response to Transfer - Appellee Certificate of Service- Electronically Served 11/06/24 Attorney: Sherman, George Party: State of Indiana File Stamp: 11/06/2024
  10. Petition to Transfer Petition to Transfer - Appellant Certificate of Service- Electronically Served 10/16/24 Attorney: Lewis, Robert Party: Delagrange, David File Stamp: 10/16/2024
  11. Notice of Defect Cured Clerk Comments: Appellant's Petition to Transfer Party: Delagrange, David Serve: Lewis, Robert Serve: Sherman, George File Stamp: 10/16/2024
  12. Document Transmitted
  13. Received Document Receive Date: 10/14/04 Appellant's Petition to Transfer - certificate of service states incorrect document being served. PostmarkDate: 10/14/2024
  14. Notice of Defect Issued Appellant's Petition to Transfer Party: Delagrange, David Serve: Lewis, Robert Serve: Sherman, George Issue Date: 10/16/2024
  15. Document Transmitted
  16. Opinion Issued Memorandum Decision MEMORANDUM DECISION Foley, J., affirm Vaidik, J., and Weissmann, J., concur Judicial Officer: Foley, Peter R. Serve: Lewis, Robert Serve: Rokita, Theodore Serve: Sherman, George File Stamp: 08/30/2024
  17. Document Transmitted
  18. Case Fully Briefed Oral Argument Requested: No FB Date: 05/21/2024
  19. Transmitted to Court of Appeals
  20. Corrected Entry Entry dated 12/14/23 showing release of 1 volume exhibit is corrected to show multiple documents were released
  21. Documents Released to Attorney/Party Document released on 12/14/23 - 1 volume exhibit - 49S04-1304-CR-249 2 volume exhibit, 3 volume transcript, 1 volume table of contents, 1 volume appendix and separate PSR and set of 5 briefs - 49A04-1203-CR-144 Party/Atty: Sherman, George
  22. Documents Returned from Attorney/Party 1 volume exhibit - 49S04-1304-CR-249 2 volume exhibit, 3 volume transcript, 1 volume table of contents, 1 volume appendix and separate PSR and set of 5 briefs - 49A04-1203-CR-144 Party/Atty: Sherman, George
  23. Brief - Appellee Brief - Appellee Certificate of Service- Electronically Served 04/15/24 Attorney: Sherman, George Party: State of Indiana File Stamp: 04/15/2024
  24. 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. Appellee's Verified Motion for an Extension of Time within which to File the Brief of Appellee Time is granted. 2. Appellee's brief is due on April 15, 2024. Judicial Officer: Altice, Robert R. Party: State of Indiana Serve: Lewis, Robert Serve: Rokita, Theodore Serve: Sherman, George File Stamp: 03/13/2024
  25. Document Transmitted
  26. Motion for Extension of Time to File Brief Motion for Extension Certificate of Service- Electronically Served 03/07/24 Attorney: Sherman, George Party: State of Indiana File Stamp: 03/07/2024
  27. Amended Brief - Appellant Brief - Attachment 1-Appealed Order Denying Petition for Post-conviction Relief Brief - Attachment 2-Appealed Order Denying Belated Appeal Petition Brief - Appellant Amended Certificate of Service- Electronically Served 02/13/24 Attorney: Lewis, Robert Party: Delagrange, David File Stamp: 02/14/2024
  28. Order Granting Motion to Amend Brief order granting amended brief Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Verified Second Motion for Leave to File Amended Brief is granted. 2. Appellant's Amended Brief is due within seven (7) days of the date of this order. 3. Upon the filing of Appellant's amended brief, the Clerk of the Court is directed to mark as obsolete the Appellant's Brief that was filed on October 25, 2023. 4. Appellee's Brief is due within thirty (30) days of the service of Appellant's Amended Brief. 5. If Appellant does not file an Amended Brief, then (1) this appeal will proceed based on Appellant's October 25, 2023 brief; and (2) Appellee's Brief will be due within thirty-seven (37) days of the date of this order. Judicial Officer: Brown, Elaine B. Party: Delagrange, David Serve: Lewis, Robert Serve: Rokita, Theodore Serve: Sherman, George File Stamp: 02/08/2024
  29. Document Transmitted
  30. Motion to Amend Brief Motion to Amend Brief Certificate of Service- Electronically Served and mailed on 02/02/24 Attorney: Lewis, Robert Party: Delagrange, David File Stamp: 02/02/2024
  31. Order Issued order granting amended brief Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Motion to Belatedly File Motion for Leave to File Amended Brief is granted. 2. The Clerk of the Court is directed to file, as of the date of this order, Appellant's Motion for Leave to File Amended Brief that was received on December 20, 2023. 3. Appellant's Motion for Leave to File Amended Brief is granted in part. 4. Appellant's Amended Brief is due within fifteen (15) days of the date of this order. 5. Upon the filing of Appellant's amended brief, the Clerk of the Court is directed to mark as obsolete the Appellant's Brief that was filed on October 25, 2023. 6. Appellee's Brief is due within thirty (30) days of the service of Appellant's Amended Brief. Judicial Officer: Altice, Robert R. Serve: Lewis, Robert Serve: Rokita, Theodore Serve: Sherman, George File Stamp: 01/09/2024
  32. Document Transmitted
  33. Motion to Amend Brief Motion for Leave to file Amended Brief - Appellant Certificate of Service- Electronically Served and Mailed 12/20/23 Attorney: Lewis, Robert Party: Delagrange, David File Stamp: 01/09/2024
  34. Received Document Motion for Leave to file Amended Brief - Appellant Motion to Belatedly File Motion for Leave to file Amended Brief - Appellant Receive Date: 12/20/23 Appellant's Appearance, Motion for Leave to File Amended Brief and Motion to Belatedly File Motion For Leave to File Amended Brief - Appearance does not correctly identify party being represented. Defect Not Cured. Both motions have been cured. PostmarkDate: 12/20/2023
  35. Notice of Defect Not Cured Letter Issued Clerk Comments: Appellant's Appearance, Motion for Leave to File Amended Brief and Motion to Belatedly File Motion For Leave to File Amended Brief - Appearance does not correctly identify party being represented. Defect Not Cured. Both motions have been cured. Party: Delagrange, David Serve: Lewis, Robert Serve: Sherman, George Issue Date: 12/21/2023
  36. Document Transmitted
  37. Appearance and Mailed Certificate of Service- Electronically Served 12/21/23 Attorney: Lewis, Robert Party: Delagrange, David File Stamp: 12/21/2023
  38. Notice of Defect Cured Clerk Comments: Appellant's Appearance Party: Delagrange, David Serve: Lewis, Robert Serve: Sherman, George File Stamp: 12/21/2023
  39. Document Filed Motion to Belatedly File Motion for Leave to file Amended Brief - Appellant Motion to Belatedly File Motion for Leave to File Amended Brief. Certificate of Service- Electronically Served and Mailed 12/20/23 Attorney: Lewis, Robert Party: Delagrange, David File Stamp: 12/21/2023
  40. Document Transmitted
  41. Corrected Entry Correcting 12/15/23 Received entry to show correct title of document.
  42. Received Document Receive Date: 12/14/23 Appellant's Appearance, Motion to Belatedly File Motion for Leave to File Amended Brief and Motion for Leave to File Amended Brief - Appearance certificate of service states incorrect document being served and does not state specific method of service. Motion to file Belatedly and Motion for Leave certificate of service does not state specific method of service. PostmarkDate: 12/14/2023
  43. Notice of Defect Issued Appellee's Appearance, Motion to Belatedly File Motion for Leave to File Amended Brief and Motion for Leave to File Amended Brief Party: State of Indiana Serve: Delagrange, David Serve: Lewis, Robert Serve: Sherman, George Issue Date: 12/18/2023
  44. Document Transmitted
  45. Received Document Receive Date: 12/14/23 Appellee's Appearance, Motion to Belatedly File Motion for Leave to File Amended Brief and Motion for Leave to File Amended Brief - Appearance certificate of service states incorrect document being served and does not state specific method of service. Motion to file Belatedly and Motion for Leave certificate of service does not state specific method of service. PostmarkDate: 12/14/2023
  46. Documents Released to Attorney/Party Volumes of Exhibits One (1) Party/Atty: Sherman, George
  47. Note One (1) Volume Exhibits (Conventional Volume received 12/12/23) transferred from 49S04-1304-CR-249 to this appeal as a separately filed exhibit in both electronic and physical format.
  48. Note Three (3) volume Transcript, Two (2) volume Exhibit, One (1) Table of Contents volume, One (1) volume Appendix and separate PSR and set of Five (5) Briefs fromn 49S04-1304-CR-249 transferred to this appeal as a separately filed exhibit.
  49. Order Filed by Instruction of Court Order Granting Sep Filed Exhibit The Court GRANTS the "Motion for Transfer of Direct Appeal Record and Transmission of Exhibits" and directs the Clerk of the Supreme Court ("Clerk") to transmit the direct appeal record in case number 49S04-1304-CR-249 for inclusion as a separately filed exhibit in the record on appeal of the post-conviction judgment under case number 23A-PC-2025. The Clerk shall indicate the transmission of the direct appeal record and exhibits under both case numbers. Once the appeal of the post-conviction judgment is final and certified, any part of the direct appeal record in its original format shall be separated from the record on appeal from the postconviction judgment and returned to the Clerk's custody. The Court further directs the trial court clerk to transmit the conventional exhibits from Appellant's direct appeal to the Clerk so that the entire trial record is available for review. Once the appeal of the post-conviction judgment is final and certified, the conventional exhibits shall be separated from the record on appeal from the post-conviction judgment and returned to the trial clerk's custody. Judicial Officer: Rush, Loretta H. File Stamp: 12/04/2023
  50. Document Transmitted
  51. Order Denying Request for Transmission of Sep Filed Exhibit order denying trans sep filed ex Having reviewed the matter, the Court finds and orders as follows: 1. Because the record from Cause Number 49S04-1304-CR-249 is a record of the Indiana Supreme Court, Appellee is directed to file a similar motion with the Indiana Supreme Court requesting transfer of that record to this appeal. 2. Consequently, Appellee's Motion for Transfer of Direct Appeal Record and Transmission of Exhibits is denied. 3. Appellee's brief shall be filed within thirty (30) days of the date that the record from Cause Number 49S04-1304-CR-249, including any conventional exhibits, is transferred to this appeal. Judicial Officer: Altice, Robert R. Party: State of Indiana Serve: Delagrange, David Serve: Rokita, Theodore Serve: Sherman, George File Stamp: 11/27/2023
  52. Document Transmitted
  53. Request for Transmission of Separately Filed Exhibit Motion for Transfer of Direct Appeal Record and Transmission of Exhibits Certificate of Service-Mailed 11/20/23 Attorney: Sherman, George Party: State of Indiana File Stamp: 11/20/2023
  54. Retransmission of Order order granting motion to withdraw appearance The order issued 11/1/23 is retransmitted to include service on the Appellant. Judicial Officer: Altice, Robert R. Serve: Delagrange, David File Stamp: 11/01/2023
  55. Document Transmitted
  56. Order Granting Motion to Withdraw Appearance order granting motion to withdraw appearance Having reviewed the matter, the Court finds and orders as follows: 1. The Verified Motion to Withdraw Appearance is granted. 2. The Clerk of this Court is directed to remove from the Clerk's on-line docket Attorney Lemuel Stigler as counsel of record for Appellant. 3. The Clerk of this Court is directed to send this order to the parties and to former counsel of record. Judicial Officer: Altice, Robert R. Serve: Rokita, Theodore Serve: Sherman, George File Stamp: 11/01/2023
  57. Document Transmitted
  58. Appearance by Deputy AG Certificate of Service- Electronically Served 10/27/2023 DAG: Sherman, George Party: State of Indiana File Stamp: 10/27/2023
  59. Motion to Withdraw Appearance VERIFIED MOTION TO WITHDRAW - Appellant (Stigler) (Stigler) Certificate of Service- Electronically Served 10/27/23 Party: Delagrange, David File Stamp: 10/27/2023
  60. Brief - Appellant Certificate of Service- Electronically Served 10/25/23 Party: Delagrange, David File Stamp: 10/25/2023
  61. Notice of Defect Cured Clerk Comments: Appellant's Brief Party: Delagrange, David Serve: Rokita, Theodore File Stamp: 10/25/2023
  62. Document Transmitted
  63. Notice of Defect Issued Appellant's Brief Party: Delagrange, David Serve: Rokita, Theodore Issue Date: 10/23/2023
  64. Document Transmitted
  65. Received Document Receive Date: 10/20/23 Appellant's Brief- missing appealed order PostmarkDate: 10/20/2023
  66. Appendix Filed Volumes of Appendices: Three (3) Certificate of Service- Electronically Served 10/19/23 Party: Delagrange, David File Stamp: 10/20/2023
  67. Notice of Completion of Clerk's Record Transcript Not Requested/Not Available Certificate of Service- Electronically Served 09/19/23 File Stamp: 09/19/2023
  68. Order Issued order granting belated appeal Having reviewed the matter, the Court finds and orders as follows: 1. Pursuant to In re Adoption of O.R., 16 N.E.3d 965 (Ind. 2014) and Indiana Appellate Rule 1, Appellant's Verified Motion to Find that Extraordinary Compelling Reasons Exist as to Why this Appeal Should not be Dismissed for Failure to File a Timely Notice of Appeal in a Denial of Post-Conviction Relief Case and Amended Verified Motion to Find that Extraordinary Compelling Reasons Exist as to Why this Appeal Should not be Dismissed for Failure to File a Timely Notice of Appeal in a Denial of Post-Conviction Relief Case are both granted. 2. This appeal shall proceed in accordance with the Rules of Appellate Procedure. Vaidik, Mathias, JJ., Robb, Sr.J., concur. Judicial Officer: Altice, Robert R. Serve: Rokita, Theodore File Stamp: 09/07/2023
  69. Document Transmitted
  70. Amended Notice of Appeal Filed Certificate of Service- Electronically Served 09/02/23 Party: Delagrange, David File Stamp: 09/02/2023
  71. NOA Service to Trial Court Sent Date: 09/05/2023
  72. Document Filed Amended Motion to Find Reasons Exist Amended Verified Motion to Find that Extraordinary Compelling Reasons Exist as to Why this Appeal Should Not be Dismissed for Failure to File a Timely Notice of Appeal in a Denial of Post-Conviction Relief Case Certificate of Service- Electronically Served 09/02/23 Party: Delagrange, David File Stamp: 09/02/2023
  73. Document Transmitted
  74. Notice of Appeal Filed Certificate of Service- Electronically Served 08/31/23 Party: Delagrange, David File Stamp: 08/31/2023
  75. NOA Service to Trial Court Sent Date: 09/01/2023
  76. Document Filed Motion to Find That Extraordinary Compelling Reasons Exist Verified Motion to Find that Extraordinary Compelling Reasons Exist as to Why This Appeal Should not be Dismissed for Failure to File a Timely Notice of Appeal in a Denial of Post-Conviction Relief Case Certificate of Service- Electronically Served 08/31/23 Party: Delagrange, David File Stamp: 08/31/2023
  77. Document Transmitted

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