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Court

Indiana appeal court

Indiana

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Case Information

Filed 2023-09-11
Type Post Conviction Appeal
Docket 42 entries
Disposition appeal is dismissed

Docket Entries

  1. Electronic Documents Received from Trial Court Clerk Volumes of Transcripts - One (1) Volumes of Exhibits - One (1) Volumes of T/C - One (1) Received Electronically 07/17/24 Postmark: 07/17/2024
  2. 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 Hamilton Circuit and Superior Courts Clerk. 3. The Hamilton Circuit and Superior Courts Clerk is directed to file this order under Cause Number 29D01-1808-PC-5555, 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: NEWMAN, TORRI Serve: Rokita, Theodore File Stamp: 07/01/2024
  3. Trial Court Clerk Notified to Transmit Transcript Date Sent: 07/01/2024
  4. Document Transmitted
  5. Document Transmitted
  6. Court Notified Regarding Non-compliance With Order order setting due date for appellant brief No Appellant's Brief filed per order issued on 2/29/24.
  7. Document Not Corrected Pursuant to Notice of Defect Issued Clerk Comments:Brief and Appendix- Appellant Party: NEWMAN, TORRI Serve: Rokita, Theodore Date Sent: 05/23/2024
  8. Document Transmitted
  9. Notice of Defect Issued Brief and Appendix- Appellant Party: NEWMAN, TORRI Serve: Rokita, Theodore Issue Date: 04/18/2024
  10. Document Transmitted
  11. Received Document Receive Date: 04/10/2024 Brief and Appendix- Appellant **Brief lacks appealed order and is incorrectly paginated; Appendix is incorrectly paginated; contains transcripts not permitted; and lacks verification of accuracy** PostmarkDate: 04/09/2024
  12. Received Document Receive Date: 04/08/2024 Motion for Pauper and an NOA-Appellant **Pauper was denied; case was dismissed** PostmarkDate: 04/04/2024
  13. Received Document Receive Date: 04/08/2024 Brief -Appellant **Untimely; Filing fee not paid; case was dismissed; brief lacks table of contents and appealed order** PostmarkDate: 04/04/2024
  14. Corrected Entry Brief and Motion for Pauper entries made in error.
  15. Order Granting Motion for Extension of Time order directing appellant to file brief and appendix Having reviewed the matter, the Court finds and orders as follows: 1. The Clerk's Request for Extension of Time to Provide Copy of Record to Appellant is granted in part. 2. The Hamilton Circuit and Superior Courts Clerk is specifically relieved of the obligation to provide Appellant with a copy of the Clerk's Record from Cause Number 29D01-1312-FA-10347. 3. Pursuant to the Court's February 29, 2024 order, Appellant's Brief and Appendix remain due on April 9, 2024. 4. The Clerk of this Court is directed to send this order to the parties and the Hamilton Circuit and Superior Courts Clerk. 5. The Hamilton Circuit and Superior Courts Clerk is directed to file this order under Cause Number 29D01-1808-PC-5555 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: NEWMAN, TORRI Serve: Rokita, Theodore File Stamp: 03/07/2024
  16. Document Transmitted
  17. Motion for Extension of Time Clerk's Request for Extension of Time to Provide Copy of Record to Appellant Certificate of Service- Method Not Specifed 03/05/24 File Stamp: 03/05/2024
  18. Order Issued order setting due date for appellant brief Having reviewed the matter, the Court finds and orders as follows: 1. The Court corrects its February 23, 2024 order by striking the portion of the order directing Appellee to file its brief within thirty (30) days. 2. If it has not done so already, the Hamilton Circuit and Superior Courts Clerk is ordered to provide Appellant with a free copy of the Clerk's Record and the transcript from Cause Number 29D01-1808-PC-5555 within ten (10) days of the date of this order. 3. Appellant's Brief and Appendix are due within forty (40) days of the date of this order. 4. The Clerk of this Court is directed to send this order to the parties and the Hamilton Circuit and Superior Courts Clerk. 5. The Hamilton Circuit and Superior Courts Clerk is directed to file this order under Cause Number 29D01-1808-PC-5555 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: NEWMAN, TORRI Serve: Rokita, Theodore File Stamp: 02/29/2024
  19. Document Transmitted
  20. Order Granting Motion to Proceed in Forma Pauperis order granting pauper status Having reviewed the matter, the Court finds and orders as follows: 1. Pursuant to Appellate Rule 40, Appellant's Verified Motion for Leave to Proceed in Forma Pauperis on Appeal is granted and Appellant is relieved of the obligation to pay the appellate filing fee. 2. Within ten (10) days of the date of this order, the Hamilton Circuit and Superior Courts Clerk shall provide Appellant with a free copy of the Clerk's Record from Cause Number 29D01-1312-FA-10347 or file a Notice stating that the clerk has already done so. Ind. Post-Conviction Rule 1(9)(b). 3. The copy of the Clerk's Record should contain all papers, pleadings, documents, orders, judgments, or other materials filed in the trial court or listed in the Chronological Case Summary. 4. Within ten (10) days of the date of this order, the Hamilton Circuit and Superior Courts Clerk is directed to send Appellant a free copy of the transcript or file a Notice stating that the clerk has already done so. Ind. Post-Conviction Rule 1(9)(b). 5. Appellee's Brief is due within thirty (30) days of the date of this order. 6. The Clerk of this Court is directed to send this order to the parties and the Hamilton Circuit and Superior Courts Clerk. 7. The Hamilton Circuit and Superior Courts Clerk is directed to file this order under Cause Number 29D01-1312-FA-10347 and, pursuant to Indiana Trial Rule 77(D), the Clerk shall place the contents of this order in the Record of Judgments and Orders. Weissmann, J, Robb, Sr.J., concur. Felix, J., dissents. Judicial Officer: Altice, Robert R. Party: NEWMAN, TORRI Serve: NEWMAN, TORRI Serve: Rokita, Theodore File Stamp: 02/23/2024
  21. Filing Fee Paid/Rule 40 Compliance Submitted
  22. Document Transmitted
  23. Motion to Proceed in Forma Pauperis Certificate of Service- Mailed 02/05/2024 Attorney: NEWMAN, TORRI File Stamp: 02/05/2024
  24. Notice of Defect Cured Clerk Comments: Motion to Proceed in Forma Pauperis- Appellant Party: NEWMAN, TORRI Serve: NEWMAN, TORRI Serve: Rokita, Theodore File Stamp: 02/05/2024
  25. Document Transmitted
  26. Notice of Defect Issued Motion to Proceed on Appeal in Forma Pauperis- Appellant Party: NEWMAN, TORRI Serve: NEWMAN, TORRI Serve: Rokita, Theodore Issue Date: 01/22/2024
  27. Document Transmitted
  28. Received Document Receive Date: 01/11/2024 Motion to Proceed on Appeal in Forma Pauperis- Appellant **Lacks affidavit in support of Motion for Pauper; lacks order from trial court regarding pauper; lacks service to opposing party** PostmarkDate: 01/08/2024
  29. Docket Sheet Transmitted for Dismissal No Appellants Brief Filed
  30. Document Not Corrected Pursuant to Notice of Defect Issued Clerk Comments: Motion for Extension of Time to File Brief - Filing Fee not paid Party: NEWMAN, TORRI Serve: Rokita, Theodore Date Sent: 12/22/2023
  31. Document Transmitted
  32. Notice of Defect Issued Motion for Extension of Time Party: NEWMAN, TORRI Serve: Rokita, Theodore Issue Date: 11/08/2023
  33. Document Transmitted
  34. Received Document Receive Date: 10/30/2023 Motion for Extension of Time to File Brief- Appellant **Filing fee not paid** PostmarkDate: 10/26/2023
  35. Notice of Completion of Transcript Method of Service Not Provided/Not Specified 10/03/23 File Stamp: 10/03/2023
  36. Received Document Receive Date: 09/29/2023 Motion to Compel Completion of Transcript- Appellant **Notice of Completion of Transcript has been filed** PostmarkDate: 09/27/2023
  37. Notice of Completion of Clerk's Record Transcript Not Yet Completed Method of Service Not Provided/Not Specified 09/18/23 File Stamp: 09/18/2023
  38. Notice of Appeal Filed Certificate of Service-Method not Specified 09/05/23 Attorney: NEWMAN, TORRI Party: NEWMAN, TORRI File Stamp: 09/11/2023
  39. NOA Service to Trial Court Sent Date: 09/13/2023
  40. Filing Fee Not Paid/Rule 40 Compliance Missing
  41. Notice Regarding Case Creation Party: NEWMAN, TORRI Serve: NEWMAN, TORRI Notice Sent: 09/13/2023
  42. Document Transmitted

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