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Case Information

Filed 2023-06-10
Type Post Conviction Appeal
Docket 57 entries
Disposition affirmed

Docket Entries

  1. Opinion Certified Serve: Hale, Gregory Serve: Rokita, Theodore Serve: Staton, Courtney Notice Date: 02/28/2024
  2. Document Transmitted
  3. Opinion Issued Memorandum Decision MEMORANDUM DECISION: Affirmed - Weissmann, J. Altice, C.J., and Kenworthy, J., concur. Judicial Officer: Weissmann, Leanna K. Serve: Hale, Gregory Serve: Rokita, Theodore Serve: Staton, Courtney File Stamp: 12/29/2023
  4. Document Transmitted
  5. Case Fully Briefed Oral Argument Requested: No FB Date: 12/06/2023
  6. Transmitted to Court of Appeals
  7. Brief - Appellee Brief - Appellee Certificate of Service-Mailed 10/26/2023 Attorney: Staton, Courtney Party: State of Indiana File Stamp: 10/26/2023
  8. Order Issued order denying req for court order Having reviewed the matter, the Court finds and orders as follows: Appellant's Motion Requesting Appeals Court to So Order Sullivan Superior Court to Produce and Send Copy of Verbatim Notes Under Appellate Rules #31 and #32 to Correct and Complete the Clerk's Record is denied. Judicial Officer: Altice, Robert R. Serve: Hale, Gregory Serve: Rokita, Theodore Serve: Staton, Courtney File Stamp: 10/11/2023
  9. Document Transmitted
  10. Order Granting Motion to Set Due Date order granting motion to set due date Having reviewed the matter, the Court finds and orders as follows: 1. Appellee's Verified Motion for New Due Date is granted. 2. Appellee's Brief is due by October 26, 2023. Judicial Officer: Altice, Robert R. Party: State of Indiana Serve: Hale, Gregory Serve: Rokita, Theodore Serve: Staton, Courtney File Stamp: 10/03/2023
  11. Document Transmitted
  12. Motion to Set Due Date Motion for Due Date Certificate of Service-Mailed 09/20/23 Attorney: Staton, Courtney Party: State of Indiana File Stamp: 09/26/2023
  13. Brief and Appendix - Appellant Volumes of Appendix: 2 Certificate of Service- Mailed 08/30/2023**Prison Mailbox** Attorney: Hale, Gregory Party: Hale, Gregory File Stamp: 08/30/2023
  14. Document Filed Motion Requesting Court of Appeals to Order Trial Court to Produce and Send Copy of Verbatim Notes- Appellant Certificate of Service- Mailed 08/30/2023 Attorney: Hale, Gregory Party: Hale, Gregory File Stamp: 09/12/2023
  15. Appearance by Deputy AG (Staton) Certificate of Service-Mailed 09/20/23 DAG: Staton, Courtney Party: State of Indiana File Stamp: 09/20/2023
  16. Document Not Corrected Pursuant to Notice of Defect Issued Clerk Comments: Letter of Writ Party: Hale, Gregory Serve: Hale, Gregory Serve: Rokita, Theodore Date Sent: 08/28/2023
  17. Document Transmitted
  18. 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 Verified Motion for Extension of Time within which to File Appellant's Brief is granted as a final extension. 2. Appellant's Brief is due on September 29, 2023. 3. Failure to timely file a brief may result in the dismissal of this appeal. See Ind. Appellate Rule 45(D). Judicial Officer: Altice, Robert R. Party: Hale, Gregory Serve: Hale, Gregory Serve: Rokita, Theodore File Stamp: 08/28/2023
  19. Document Transmitted
  20. Motion for Extension of Time to File Brief Certificate of Service- Mailed 08/17/2023 Attorney: Hale, Gregory File Stamp: 08/17/2023
  21. Order Issued order denying motion to compel and strike Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Petition to Compel Sullivan Superior Court to Produce a Copy of "Verbatim Notes" for the Appellant's Appeal and Researching is denied. 2. Appellant's Motion to Strike Document is denied. Judicial Officer: Altice, Robert R. Serve: Hale, Gregory Serve: Rokita, Theodore File Stamp: 08/16/2023
  22. Document Transmitted
  23. Motion to Strike Certificate of Service- Mailed 08/07/2023 Attorney: Hale, Gregory File Stamp: 08/07/2023
  24. Motion to Compel Sullivan Superior Court to Produce a Copy of 'Verbatim Notes" for the Appellants Appeal and Researching- Appellant Certificate of Service- Mailed 08/03/2023 Attorney: Hale, Gregory File Stamp: 08/03/2023
  25. 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 Verified Motion for Extension of Time Within Which to File Appellant's Brief is granted. 2. Appellant's brief and appendix shall be filed on or before August 30, 2023. Judicial Officer: Altice, Robert R. Party: Hale, Gregory Serve: Hale, Gregory Serve: Rokita, Theodore File Stamp: 08/08/2023
  26. Document Transmitted
  27. Affidavit Authorizing Pauper Status Certificate of Service- Mailed 07/20/2023 Party: Hale, Gregory File Stamp: 07/25/2023
  28. Filing Fee Paid/Rule 40 Compliance Submitted
  29. Motion for Extension of Time to File Brief Certificate of Service- Mailed 07/20/2023 Attorney: Hale, Gregory File Stamp: 07/25/2023
  30. Notice of Defect Cured Clerk Comments: Motion for Extension of Time to File brief- Appellant Party: Hale, Gregory Serve: Hale, Gregory File Stamp: 07/25/2023
  31. Document Transmitted
  32. Notice of Defect Issued Motion to Withdraw Document- Appellant Party: Hale, Gregory Serve: Hale, Gregory Serve: Rokita, Theodore Issue Date: 07/27/2023
  33. Document Transmitted
  34. Received Document Receive Date: 07/20/2023 Motion Request to Withdrawal Appellants Filed Errored Document- Appellant **Filing fee not paid** PostmarkDate: 07/17/2023
  35. Received Document Receive Date: 07/17/2023 Motion for Copy of Record for the Appeal- Appellant **Filing fee has not been paid** PostmarkDate: 07/13/2023
  36. Notice of Defect Issued Motion for Copy of Record for Appeal- Appellant Party: Hale, Gregory Serve: Hale, Gregory Serve: Rokita, Theodore Issue Date: 07/19/2023
  37. Document Transmitted
  38. Received Document Receive Date: 07/10/2023 Motion for Extension of Time to File Brief- Appellant **Filing fee not paid; certificate of service lacks date of service and does not indicate name of document served** PostmarkDate: 07/07/2023
  39. Notice of Defect Issued Motion for Extension of Time- Appellant Party: Hale, Gregory Serve: Rokita, Theodore Issue Date: 07/12/2023
  40. Document Transmitted
  41. Received Document Receive Date: 07/05/23 Copy of State's Objection to Petitioner's Petition for Post-Conviction Relief - submitted by appellant PostmarkDate: 06/28/2023
  42. Received Document Receive Date: 07/05/23 Letter of Writ to Appeals Court - filing fee is outstanding and certificate of service does not show service on opposing party. PostmarkDate: 06/28/2023
  43. Notice of Defect Issued Letter of Writ of Appeals Court Party: Hale, Gregory Serve: Rokita, Theodore Issue Date: 07/06/2023
  44. Document Transmitted
  45. Notice of Completion of Clerk's Record No Transcript to Complete Certificate of Service-Mailed 06/30/23 File Stamp: 07/03/2023
  46. Order Granting Motion to File Belated Appeal order granting belated appeal Having reviewed the matter, the Court finds and orders as follows: 1. The Clerk of the Court is directed to file Appellant's Verified Petition for Belated Appeal as of the date of this order. 2. Appellant's Verified Petition for Belated Appeal is granted. The Clerk of the Court is directed to file Appellant's Notice of Appeal tendered on June 14, 2023 as of the date of this order. 3. The Clerk of the Court is directed to send this order to the parties and to the Sullivan Circuit and Superior Courts Clerk. 4. The Sullivan Circuit and Superior Courts Clerk is directed to file this order under Cause Number 77D01-2303-PC-130, and, pursuant to Indiana Trial Rule 77(D), the Clerk shall place the contents of this order Bailey, Kenworthy, JJ., Najam, Sr.J., concur. Judicial Officer: Altice, Robert R. Party: Hale, Gregory Serve: Hale, Gregory Serve: Rokita, Theodore File Stamp: 06/30/2023
  47. Document Transmitted
  48. Motion to File Belated Appeal No Certificate of Service Attorney: Hale, Gregory Party: Hale, Gregory File Stamp: 06/30/2023
  49. Notice of Appeal Filed Certificate of Service-Mailed 06/14/23 Attorney: Hale, Gregory Party: Hale, Gregory File Stamp: 06/30/2023
  50. NOA Service to Trial Court Sent Date: 06/30/2023
  51. Notice Regarding Case Creation Party: Hale, Gregory Serve: Hale, Gregory Notice Sent: 06/30/2023
  52. Filing Fee Not Paid/Rule 40 Compliance Missing
  53. Document Transmitted
  54. Document Transmitted
  55. Received Document Receive Date: 06/20/23 Motion for Belated Appeal - appears to be a different version/amended version of request previously received PostmarkDate: 06/14/2023
  56. Received Document Receive Date: 06/20/23 Notice of Appeal from Gregory Hale - pending request to file belated PostmarkDate: 06/14/2023
  57. Received Document Receive Date: 06/13/23 Appellant's Motion for a belated Notice of Appeal within which to copy and send Appeal Due to Unforeseen Legal Delays - tendered without appearance and Notice of Appeal PostmarkDate: 06/09/2023

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