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Case Information

Filed 2023-07-10
Type Post Conviction Appeal
Docket 35 entries

Docket Entries

  1. ote 5 vol. Trans., 1 vol. Exhibit, 2 T/C, 3 vol. Appendix, & 4 briefs from 20A05-0504-CR-181 returned to original case.
  2. pinion Certified Serve: Manges, Timothy Serve: Murray, Sierra Serve: Recker, Abigail Serve: Rokita, Theodore Notice Date: 06/20/2024
  3. ocument Transmitted
  4. pinion Issued Memorandum Decision Memorandum Decision Remanded, Felix, J. Altice, C.J., and Bradford, J., concur. Judicial Officer: Felix, Paul A. Serve: Manges, Timothy Serve: Murray, Sierra Serve: Recker, Abigail Serve: Rokita, Theodore File Stamp: 04/24/2024
  5. ocument Transmitted
  6. ase Fully Briefed Oral Argument Requested: No FB Date: 02/12/2024
  7. ransmitted to Court of Appeals
  8. rief - Appellee Brief - Appellee Certificate of Service-Mailed 1/05/2024 Attorney: Murray, Sierra Party: State of Indiana File Stamp: 01/05/2024
  9. otice of Defect Cured Clerk Comments: Motion to Compel Court Reporter Party: Manges, Timothy Serve: Manges, Timothy Serve: Murray, Sierra Serve: Recker, Abigail File Stamp: 08/30/2023
  10. ote Four (4) vol. Transcript, Four (4) vol. Appellant's Appendix, One (1) vol. Appellant's Supplemental Appendix, One (1) vol. Appellee's Appendix and set of Four (4) Briefs from 20A05-1003-PC-186 transferred to this appeal as a separately filed exhibit (All documents transferred in conventional format)
  11. ote Five (5) vol. Transcript, One (1) vol. Exhibit, Two (2) Table of Contents volumes, Three (3) vol. Appellant's Appendix and set of Four (4) Briefs transferred from 20A05-0504-CR-181 to this appeal as a separately filed exhibit (All documents transferred in conventional format)
  12. rder Granting Request for Transmission of Sep Filed Exhibit order granting trans sep filed ex Having reviewed the matter, the Court finds and orders as follows: 1. Appellee's Motion to Transfer Direct Appeal and Prior Post-Conviction Records into Successive Post-Conviction Appeal and to Set a New Due Date is granted. 2. The Clerk of the Court is directed to transfer the record of proceedings docketed under Cause Nos. 20A05-0504-CR-181 and 20A05-1003-PC-186 to Cause No. 23A-PC-1602 to be included as part of the record for that successive post-conviction appeal. 3. Appellee's brief is due within thirty (30) days of the date of this order. 4. The Clerk of the Court is directed to file this order under Cause Nos. 20A05-0504-CR-181, 20A05-1003-PC-186, and 23A-PC-1602. Judicial Officer: Altice, Robert R. Party: State of Indiana Serve: Manges, Timothy Serve: Murray, Sierra Serve: Recker, Abigail Serve: Rokita, Theodore File Stamp: 12/06/2023
  13. ocument Transmitted
  14. equest for Transmission of Separately Filed Exhibit Motion to Transmit Direct Appeal Records & Set a New Date (Motion to Transfer Direct Appeal and Prior-Post Conviction Records into Successive Post-Conviction Appeal and to Set a New Due Date) Certificate of Service-Mailed 11/22/23 Attorney: Murray, Sierra Party: State of Indiana File Stamp: 11/22/2023
  15. lectronic Documents Received from Trial Court Clerk Volumes of Transcripts - One (1) Volumes of Exhibits - One (1) *Public Access and Not for Public Access versions tendered* Volumes of T/C - One (1) (Note - page numbers on exhibit volumes are at top of page) Received Electronically 11/20/23 Postmark: 11/20/2023
  16. ppearance by Deputy AG Certificate of Service-Mailed 11/21/23 DAG: Murray, Sierra Party: State of Indiana File Stamp: 11/21/2023
  17. ppearance by Deputy AG (Recker) Certificate of Service-Mailed 11/08/23 DAG: Recker, Abigail Party: State of Indiana File Stamp: 11/08/2023
  18. rief and Appendix - Appellant Volumes of Appendix: 2 Certificate of Service- Mailed 10/30/2023 Attorney: Manges, Timothy Party: Manges, Timothy File Stamp: 10/30/2023
  19. otice of Change of Address Certificate of Service- Mailed 10/04/2023 Attorney: Manges, Timothy Party: Manges, Timothy File Stamp: 10/04/2023
  20. eceived Court Reporter's Notice of Filing of Transcript Received on: 10/06/23 PostmarkDate: 09/29/2023
  21. otice of Completion of Transcript Method of Service Not Provided/Not Specified 10/03/23 File Stamp: 10/03/2023
  22. rder Granting Motion to Compel Transcript order granting motion to compel transcript Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Motion to Compel Completion of Transcripts with Amended Certificate of Service is granted. 2. Within ten (10) days of the date of this order, the Court Reporter for Cause Number 20D03-2107-PC-21 is ordered to complete and file the post-conviction hearing transcript with the Elkhart Circuit and Superior Courts Clerk. 3. Within five (5) days of the date that the Court Reporter files the transcript, the Elkhart Circuit and Superior Courts Clerk is directed to file a Notice of Completion of Transcript with the Clerk of this Court, serve a copy of the Notice on the parties, and send Appellant a free copy of the transcript. See Ind. Post-Conviction Rule 1(9)(b). 4. The Clerk of this Court is directed to send this order to the parties, the Court Reporter for Cause Number 20D03-2107-PC-21, Judge Teresa Cataldo of the Elkhart Superior Court, and the Elkhart Circuit and Superior Courts Clerk. 5. The Elkhart Circuit and Superior Courts Clerk is directed to file this order under Cause Number 20D03-2107-PC-21, 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: Manges, Timothy Serve: Manges, Timothy Serve: Rokita, Theodore File Stamp: 09/19/2023
  23. ocument Transmitted
  24. otion to Compel Court Reporter to Prepare Transcript Certificate of Service- Mailed 08/30/2023 Attorney: Manges, Timothy Party: Manges, Timothy File Stamp: 08/30/2023
  25. otice of Defect Issued Motion to Compel-Appellant Party: Manges, Timothy Issue Date: 09/12/2023
  26. ocument Transmitted
  27. eceived Document Receive Date: 08/31/2023 Motion to Compel Transcript- Appellant **Lacks service to opposing party's counsel** PostmarkDate: 08/28/2023
  28. -Notice received from Trial Court Correspondence to/from Court Filed - Letter from Defendant in regards to copies. Postmark: 08/14/2023
  29. otice of Completion of Clerk's Record Transcript Not Yet Completed Certificate of Service- Electronically Served 07/18/23 File Stamp: 07/18/2023
  30. otice of Appeal Filed Certificate of Service-Mailed 07/10/23 Attorney: Manges, Timothy Party: Manges, Timothy File Stamp: 07/10/2023
  31. OA Service to Trial Court Sent Date: 07/13/2023
  32. otice Regarding Case Creation Party: Manges, Timothy Serve: Manges, Timothy Notice Sent: 07/13/2023
  33. ocument Transmitted
  34. ocument Transmitted

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