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Docket Entries
- ecord Released to DAG Drum- PHYSICALLY released: Volumes of Appendices 2 Briefs 4 File Folders 1 ELECTRONICALLY released: Volumes of Exhibits 2 Party: Banks, Tyler Release Date: 04/04/2025
- ocument Transmitted
- pinion Certified Serve: Banks, Tyler Serve: Barner, Joseph Serve: Rokita, Theodore Notice Date: 10/02/2024
- ocument Transmitted
- rder Denying Petition to Transfer Order - Transfer Appellant's petition to transfer denied. All Justices concur. Judicial Officer: Rush, Loretta H. Party: Barner, Joseph Serve: Banks, Tyler Serve: Barner, Joseph Serve: Rokita, Theodore File Stamp: 09/23/2024
- ocument Transmitted
- ransmitted on Transfer (Supreme Court)
- rder Issued Order - Motion to File Petition to Transfer Belatedly Being duly advised, the Court GRANTS Appellant's "Motion to File Petition to Transfer Belatedly" and directs the Clerk to file the petition it received on July 23, 2024, as of the date of this order. Any response brief shall be due within twenty days of the date of this order. Judicial Officer: Rush, Loretta H. Serve: Banks, Tyler Serve: Barner, Joseph Serve: Rokita, Theodore File Stamp: 08/26/2024
- ocument Transmitted
- etition to Transfer Certificate of Service-Mailed 07/18/24 Attorney: Barner, Joseph Party: Barner, Joseph File Stamp: 08/26/2024
- otice Regarding Transfer Certificate of Service-Mailed 08/26/24 Attorney: Banks, Tyler Party: State of Indiana File Stamp: 08/26/2024
- otion for Permission to File a Belated Brief/Petition Certificate of Service-Mailed 08/07/2024 Attorney: Barner, Joseph Party: Barner, Joseph File Stamp: 08/08/2024
- eceived Document Receive Date: 07/223/2024 Petition to Transfer- Appellant **Untimely** PostmarkDate: 07/23/2024
- ate Documents Letter Issued Petition to Transfer- Appellant Party: Barner, Joseph Serve: Banks, Tyler Serve: Barner, Joseph Issue Date: 08/02/2024
- ocument Transmitted
- pinion Certified Serve: Banks, Tyler Serve: Barner, Joseph Serve: Rokita, Theodore Notice Date: 08/01/2024
- ocument Transmitted
- rder Denying Petition for Rehearing order denying rehearing Having reviewed the matter, the Court finds and orders as follows: Appellant's Petition for Rehearing is denied. Mathias, Tavitas, Weissmann, JJ., concur. Judicial Officer: Altice, Robert R. Party: Barner, Joseph Serve: Banks, Tyler Serve: Rokita, Theodore Filing Date: 06/20/2024
- ocument Transmitted
- etition for Rehearing Certificate of Service- Mailed 05/23/2024 Attorney: Barner, Joseph File Stamp: 05/29/2024
- pinion Issued Memorandum Decision MEMORANDUM DECISION Affirmed - Mathias, J. Tavitas, J., and Weissmann, J., concur. Judicial Officer: Mathias, Paul D. Serve: Banks, Tyler Serve: Barner, Joseph Serve: Rokita, Theodore File Stamp: 05/01/2024
- ocument Transmitted
- ase Fully Briefed Oral Argument Requested: No FB Date: 03/27/2024
- ransmitted to Court of Appeals
- rief - Appellant Reply Certificate of Service-Mailed 03/14/24 (as stated) Attorney: Barner, Joseph Party: Barner, Joseph File Stamp: 03/19/2024
- rief - Appellee Brief - Appellee Certificate of Service-Mailed 03/04/24 Attorney: Banks, Tyler Party: State of Indiana File Stamp: 03/04/2024
- eceived Court Reporter's Notice of Filing of Transcript (Supplemental Exhibits) Received on: 02/02/24 PostmarkDate: 02/02/2024
- lectronic Documents Received from Trial Court Clerk Volumes of Exhibits - Two (2) Supplemental Received Electronically 02/02/24 Postmark: 02/02/2024
- rder Granting Motion to Transmit Exhibit and Set Due Date order granting motion to compel ex Having reviewed the matter, the Court finds and orders as follows: 1. Appellee's Motion to Compel Transmission of Court Exhibits is granted. 2. No later than five (5) days from the date of this order, the Lake Circuit and Superior Courts Clerk shall transmit the Appellant's guilty plea and sentencing hearing transcripts from Cause Number 45G03-1701-MR-1 to the Clerk of this Court to be included as part of the record for this postconviction appeal. 3. Appellee's brief is due no later than thirty (30) days from the date the Appellant's guilty plea and sentencing hearing transcripts from Cause Number 45G03-1701-MR-1 are received by the Clerk of this Court. 4. The Clerk of this Court is directed to send this order to the parties, the trial court, Magistrate Kathleen A. Sullivan, and the Lake Circuit and Superior Courts Clerk. 5. The Lake Circuit and Superior Courts Clerk is directed to file this order under Cause Numbers 45G03-2011-PC-37 and 45G03-1701-MR-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. Party: State of Indiana Serve: Banks, Tyler Serve: Barner, Joseph Serve: Rokita, Theodore File Stamp: 01/29/2024
- ocument Transmitted
- otion to Compel Transmission of Exhibit and Set Due Date Motion to Compel Court Exhibits - Appellee Certificate of Service-Mailed 01/17/24 Attorney: Banks, Tyler Party: State of Indiana File Stamp: 01/17/2024
- ppearance by Deputy AG (Tyler Banks) Certificate of Service-Mailed 01/17/24 DAG: Banks, Tyler Party: State of Indiana File Stamp: 01/17/2024
- eceived Court Reporter's Notice of Filing of Transcript Received on: 01/09/24 PostmarkDate: 01/09/2024
- lectronic Documents Received from Trial Court Clerk Volumes of Transcripts - Two (2) Volumes of Exhibits - Three (3) Volumes of T/C - One (1) Received Electronically 01/09/24 Postmark: 01/09/2024
- rial Court Clerk Notified to Transmit Transcript Date Sent: 01/08/2024
- ocument Transmitted
- rder Granting Motion to File Oversized Document order granting appellant's motion requesting leave Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Motion Requesting Leave to File Oversized Brief is granted. 2. The Clerk of the Court is directed to file the Brief of Appellant received on December 21, 2023, as of the date of this order. 3. The Clerk of the Court shall also file the Appellant's Appendix received on December 21, 2023, as of the date of this order. 4. Appellee's brief is due within thirty (30) days of the date of this order. Bailey, Brown, JJ., Najam, Sr. J., concur. Judicial Officer: Altice, Robert R. Party: Barner, Joseph Serve: Rokita, Theodore File Stamp: 01/05/2024
- ocument Transmitted
- rief and Appendix - Appellant Volumes of Appendix: 2 Certificate of Service- Mailed 12/14/2023 Attorney: Barner, Joseph Party: Barner, Joseph File Stamp: 01/05/2024
- otice of Defect Cured Clerk Comments: Brief and Appendix- Appellant Party: Barner, Joseph Serve: Barner, Joseph Serve: Rokita, Theodore File Stamp: 01/05/2024
- ocument Transmitted
- eceived Document Receive Date: 12/21/2023 Appendix- Appellant **Incorrectly paginated; Lacks separate volume for table of contents** PostmarkDate: 12/19/2023
- otice of Defect Issued Appendix- Appellant Party: Barner, Joseph Serve: Rokita, Theodore Issue Date: 01/02/2024
- ocument Transmitted
- eceived Document Receive Date: 12/21/2023 Brief- Appellant **Exceeds allotted page count; word count certificate exceeds allotted word count** PostmarkDate: 12/19/2023
- otice of Defect Issued Brief- Appellant Party: Barner, Joseph Serve: Barner, Joseph Serve: Rokita, Theodore Issue Date: 12/29/2023
- ocument Transmitted
- otion to File Oversized Document Certificate of Service- Mailed 12/07/2023 Attorney: Barner, Joseph File Stamp: 12/12/2023
- otice of Defect Cured Clerk Comments: Motion for Extension of Time to File Brief - Appellant Party: Barner, Joseph Serve: Barner, Joseph Serve: Rokita, Theodore File Stamp: 10/06/2023
- rder 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 to File Brief of Appellant is granted in part. 2. Appellant's Brief and Appendix are due within thirty (30) days of the date of this order. Judicial Officer: Altice, Robert R. Party: Barner, Joseph Serve: Rokita, Theodore File Stamp: 11/22/2023
- ocument Transmitted
- eceived Document Receive Date: 11/13/2023 Correspondence- Appellant **Issue appears to have been addressed by court order issued 11/14/2023** PostmarkDate: 11/07/2023
- rder Granting Motion to Compel order granting motion to compel missing transcript Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Verified Motion for an Order Compelling County Clerk to Provide Missing Portions of Transcript and Petitioner's Exhibits and the Court Reporter Certify Transcript is Correct is granted in part. 2. Within ten (10) days of the date of this order, if it has not already done so, the Lake Circuit and Superior Courts Clerk is directed to send to Appellant the portions of the transcript listed above. 3. Appellant's Brief remains due on December 11, 2023. 4. The Clerk of this Court is directed to send this order to the parties and the Lake Circuit and Superior Courts Clerk. 5. The Lake Circuit and Superior Courts Clerk is directed to file this order under Cause Number 45G03-2011-PC-37 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. Party: Barner, Joseph Serve: Rokita, Theodore File Stamp: 11/14/2023
- ocument Transmitted
- otion for Extension of Time to File Brief Certificate of Service- Mailed 10/26/2023 Attorney: Barner, Joseph File Stamp: 10/31/2023
- otion to Compel County Court to Provide Missing Portions of Transcript and Exhibits and Court Reporter Certify Transcript is Correct- Appellant Certificate of Service- Mailed 10/12/2023 Attorney: Barner, Joseph Party: Barner, Joseph File Stamp: 10/12/2023
- rder 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 to File Brief of Appellant is granted in part as a final extension. 2. Appellant's Brief is due on December 11, 2023. Judicial Officer: Altice, Robert R. Party: Barner, Joseph Serve: Barner, Joseph Serve: Rokita, Theodore File Stamp: 10/20/2023
- ocument Transmitted
- otion for Extension of Time to File Brief Certificate of Service- Mailed 10/05/2023 Attorney: Barner, Joseph File Stamp: 10/06/2023
- otion to Proceed in Forma Pauperis Certificate of Service- Mailed 09/21/2023 Attorney: Barner, Joseph Party: Barner, Joseph File Stamp: 10/10/2023
- rder Granting Motion to Proceed in Forma Pauperis order granting appellant's motion to proceed in forma pauperis Having reviewed the matter, the Court finds and orders as follows: 1. The Clerk of the Court is directed to file the Motion to Proceed on Appeal In Forma Pauperis as of the date of this order. 2. The Motion to Proceed on Appeal In Forma Pauperis is granted. 3. 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. 4. Appellant's Brief and Appendix are due within thirty (30) days of the date of this order. 5. Failure to comply with this order may result in the dismissal of this appeal. See Ind. Appellate Rule 45(D). Judicial Officer: Altice, Robert R. Party: Barner, Joseph Serve: Barner, Joseph Serve: Rokita, Theodore File Stamp: 10/10/2023
- iling Fee Paid/Rule 40 Compliance Submitted
- ocument Transmitted
- eceived Document Receive Date: 09/28/2023 Motion to Proceed on Appeal in Forma Pauperis- Appellant**Lacks affidavit in support of motion** PostmarkDate: 09/26/2023
- eceived Document Receive Date: 09/21/2023 Motion for Order Compelling County Clerk to Provide Missing Portion of Transcript and Petitioners Exhibits and Court Reporter to Certify Transcript is Correct- Appellant **Filing fee not paid; document lacks service to opposing party** PostmarkDate: 09/19/2023
- ocument Not Corrected Pursuant to Notice of Defect Issued Clerk Comments:Motion to Compel Completion of Transcript- Appellant: Motion for Order Compelling County Clerk to Provide Missing Portion of Transcript and Petitioners Exhibits and Court Reporter to Certify Transcript is Correct- Appellant **Filing fee not paid; document lacks service to opposing party** Party: Barner, Joseph Serve: Rokita, Theodore Date Sent: 10/02/2023
- ocument Transmitted
- eceived Document Receive Date: 09/21/23 Appellant's Motion for Extension of Time to File Brief - pending defect on motion for pauper and certificate of service for motion does not indicate service on opposing party/counsel. PostmarkDate: 09/19/2023
- otice of Defect Issued Motion for Extension of Time to File Brief Party: Barner, Joseph Serve: Barner, Joseph Serve: Rokita, Theodore Issue Date: 09/27/2023
- ocument Transmitted
- otice of Defect Issued Motion to Proceed on Appeal in Forma Pauperis-Appellant Serve: Barner, Joseph Serve: Rokita, Theodore Issue Date: 09/12/2023
- ocument Transmitted
- eceived Document Receive Date: 09/01/2023 Motion to Proceed on Appeal in Forma Pauperis and Affidavit in Support of Motion for Pauper- Appellant **Lacks order from trial court regarding pauper status on appeal** PostmarkDate: 08/29/2023
- otice of Completion of Transcript Certificate of Service- Electronically Served 08/25/23 File Stamp: 08/25/2023
- eceived Document Receive Date: 08/16/2023 Motion to Compel Completion of Transcript- Appellant **Lacks certificate of service; filing fee not paid** PostmarkDate: 08/14/2023
- otice of Defect Issued Motion to Compel Completion of Transcript Party: Barner, Joseph Serve: Rokita, Theodore Issue Date: 08/18/2023
- ocument Transmitted
- otice of Completion of Clerk's Record Transcript Not Yet Completed Certificate of Service- Electronically Served 07/14/23 File Stamp: 07/14/2023
- otice of Appeal Filed Certificate of Service-Not Provided on opposing party/counsel Attorney: Barner, Joseph Party: Barner, Joseph File Stamp: 06/19/2023
- OA Service to Trial Court Sent Date: 06/27/2023
- iling Fee Not Paid/Rule 40 Compliance Missing Appellant has statement in NOA about pauper status, but it does not comply with App. Rule 40.
- otice Regarding Case Creation Party: Barner, Joseph Serve: Barner, Joseph Notice Sent: 06/27/2023
- ocument Transmitted
- ocument Transmitted
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