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Court

Indiana appeal court

Indiana

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Case Information

Filed 2023-07-27
Type Post Conviction Appeal
Docket 51 entries
Disposition appeal is dismissed

Docket Entries

  1. ocument Transmitted
  2. ocument Transmitted
  3. otion to Dismiss Motion to Dismiss Appeal Motion to Dismiss Appeal - State's Exhibit 2 - Sentencing Order Motion to Dismiss Appeal - State's Exhibit 3 - Petition for Post-Conviction Relief PC-193 Motion to Dismiss - Exhibit 5 - Verified Pet for an Order for Post-Conviction DNA testing PC-193 Motion to Dismiss - Exhibit 6 - Verified Pet for an Order for Post-Conviction DNA testing PC-495 Certificate of Service-Mailed 03/22/24 Attorney: Staton, Courtney Party: State of Indiana File Stamp: 03/22/2024
  4. rder Issued order denying motion for court to decide Having reviewed the matter, the Court finds and orders as follows: Appellants' Motion for Appellate Court to Decide if Appellant is in Compliance with the Rules in Order to File his Appellant's Brief and Appendix is denied as moot. Judicial Officer: Altice, Robert R. Serve: Mullendore, Dennis Serve: Rokita, Theodore Serve: Staton, Courtney File Stamp: 03/06/2024
  5. ocument Transmitted
  6. ppendix Filed Volumes of Appendices: 2 Certificate of Service- Mailed 02/20/2024 Attorney: Mullendore, Dennis Party: Mullendore, Dennis File Stamp: 02/22/2024
  7. ocument Filed Motion for Appellate Court to Decide if Appellant is in Compliance with the Rules in Order to File his Appellants Brief and Appendix- Appellant Certificate of Service- Mailed 02/20/2024 Attorney: Mullendore, Dennis Party: Mullendore, Dennis File Stamp: 02/22/2024
  8. eceipt of Delivery Name of Recipient: C Date of Receipt: 2/13/24
  9. rder Granting Motion to Set Due Date order granting motion for new due date Having reviewed the matter, the Court finds and orders as follows: 1. Appellee's Verified Motion for New Due Date Due to Unavailability of Appendix is granted. 2. Within five (5) days of the date of this order, the Clerk of this Court is directed to return the Appendix received on February 2, 2024 to Appellant. 3. Appellant is ordered to file an Amended Appendix which fully complies with Appellate Rule 50(B) within thirty (30) days of the date of this order. 4. Appellee's Brief is due within thirty (30) days of the date the amended appendix is filed. Judicial Officer: Brown, Elaine B. Party: State of Indiana Serve: Mullendore, Dennis Serve: Rokita, Theodore Serve: Staton, Courtney File Stamp: 02/08/2024
  10. ocument Transmitted
  11. ertified Mail Receipt No.: 9589 0710 5270 0877 5308 81 Recipient: Dennis Mullendore Name of Document: Order issued 2/8/24 and appellant's appendix received 2/2/24.
  12. eceived Document Receive Date: 02/02/2024 Brief and Appendix- Appellant **Brief was previously filed; appendix lacks separate volume for table of contents** PostmarkDate: 01/31/2024
  13. otice of Defect Not Cured Letter Issued Clerk Comments:Appendix- Appellant **Lacks separate volume for table of contents; volume one should contain only cover page, table of contents, verification of accuracy and certificate of service; volume one should not contain CCS; all documents listed in table of contents should be located in volume 2.**Note the brief was previously filed; party must seek leave to file amended brief*** Party: Mullendore, Dennis Serve: Staton, Courtney Issue Date: 02/07/2024
  14. ocument Transmitted
  15. otion to Set Due Date Motion for New Due Date Certificate of Service-Mailed 01/30/24 Attorney: Staton, Courtney Party: State of Indiana File Stamp: 01/30/2024
  16. ppearance by Deputy AG Courtney Staton Certificate of Service-Mailed 01/17/24 DAG: Staton, Courtney Party: State of Indiana File Stamp: 01/17/2024
  17. otice of Defect Issued Appendix-Appellant Party: Mullendore, Dennis Serve: Rokita, Theodore Issue Date: 01/16/2024
  18. ocument Transmitted
  19. rief - Appellant Certificate of Service- Mailed 01/03/2024 Attorney: Mullendore, Dennis Party: Mullendore, Dennis File Stamp: 01/04/2024
  20. eceived Document Receive Date: 01/08/2024 Appendix- Appellant**Lacks separate volume for table of contents** PostmarkDate: 01/04/2024
  21. 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. The Clerk of the Court is directed to file Appellant's Motion for Extension of Time to File Appellant's Brief and Appendix as of the date of this order. 2. Appellant's Motion for Extension of Time to File Appellant's Brief and Appendix is granted in part as a final extension. 3. Appellant's Brief and Appendix are due within thirty (30) days of the date of this order. 4. Failure to comply with this order may result in the dismissal of this appeal. Judicial Officer: Altice, Robert R. Party: Mullendore, Dennis Serve: Rokita, Theodore File Stamp: 12/28/2023
  22. ocument Transmitted
  23. otion for Extension of Time to File Brief Certificate of Service-Mailed 12/15/23 Attorney: Mullendore, Dennis Party: Mullendore, Dennis File Stamp: 12/28/2023
  24. eceived Document Receive Date: 12/21/23 Appellant's Motion for Extension of Time to File Brief & Appendix - motion is untimely PostmarkDate: 12/19/2023
  25. ourt Notified Regarding Non-compliance With Order No Appellant's Brief filed per order issued on 10/2/2023.
  26. eceived Document Receive Date: 12/01/2023 Motion for Extension of Time to File Brief and Appendix- Appellant **Insufficient certificate of service** PostmarkDate: 11/29/2023
  27. ocument Not Corrected Pursuant to Notice of Defect Issued Clerk Comments:Motion for Extension of Time- Appellant **Insufficient Certificate of Service; Clerks office cannot perfect service to any party on behalf of any party** Serve: Mullendore, Dennis Serve: Rokita, Theodore Date Sent: 12/06/2023
  28. ocument Transmitted
  29. otice of Defect Issued Motion for Extension of Time- Appellant Party: Mullendore, Dennis Serve: Mullendore, Dennis Serve: Rokita, Theodore Issue Date: 11/02/2023
  30. ocument Transmitted
  31. eceived Document Receive Date: 10/23/2023 Motion for Extension of Time- Appellant **Certificate of service is insufficient** PostmarkDate: 10/20/2023
  32. 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 Motion for Extension of Time to File Appellant's Brief is granted in part. 2. If the trial court clerk has not already done so, within five (5) days of the date of this order, the Boone Circuit and Superior Courts Clerk is ordered to provide Appellant with a free, complete copy of the Clerk's Record, as defined by Appellate Rule 2(E), from Cause Number 06C01-2204-PC-495. See Ind. Post-Conviction Rule 1(9)(b). 3. Appellant's Brief and Appendix are due within thirty-five (35) days of the date of this order. 4. The Clerk of this Court is directed to send this order to the parties, Special Judge Matthew Kincaid, and the Boone Circuit and Superior Courts Clerk. 5. The Boone Circuit and Superior Courts Clerk is directed to file this order under Cause Number 06C01-2204-PC-495, 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: Mullendore, Dennis Serve: Mullendore, Dennis Serve: Rokita, Theodore File Stamp: 10/02/2023
  33. ocument Transmitted
  34. orrected Entry Entry regarding Notice of Completion of Clerk's Record entered on 09/06/23 is corrected to show it was an amended Notice and to clarify transcript status
  35. mended Notice of Completion of Clerk's Record Transcript Not Yet Completed; NOTE - NO HEARING WAS HELD ON JUNE 12, 2023, NO TRANSCRIPT PROVIDED) Certificate of Service- Electronically Served Appellee and mailed to Appellant 09/06/23 File Stamp: 09/06/2023
  36. otion for Extension of Time to File Brief Certificate of Service-Mailed 09/08/23 Attorney: Mullendore, Dennis Party: Mullendore, Dennis File Stamp: 09/21/2023
  37. otice of Completion of Clerk's Record Transcript Not Yet Completed Certificate of Service- Electronically Served appellee and mailed to appellant 09/06/23 File Stamp: 09/06/2023
  38. rder Granting Motion to Compel order granting motion to compel Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Motion to Compel Court Clerk / Reporter for Copy of Transcripts / Clerk's Record is granted in part. 2. Within ten (10) days of the date of this order, the Boone Circuit and Superior Courts Clerk shall provide Appellant with a free copy of the Clerk's Record or file a Notice stating that the clerk has already done so. See Ind. Post-Conviction Rule 1(9)(b). 3. The copy of the Clerk's Record should include all papers, pleadings, documents, orders, judgments, or other materials filed in the trial court or listed in the Chronological Case Summary. 4. Because there is no transcript for this appeal, Appellant's Brief and Appendix are due within forty (40) days of the date of this order. 5. The Clerk is directed to send this order to the parties and to the Boone Circuit and Superior Courts Clerk. 6. The Boone Circuit and Superior Courts Clerk is directed to file this order under Cause Number 06C01-2204-PC-495 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: Mullendore, Dennis Serve: Mullendore, Dennis Serve: Rokita, Theodore File Stamp: 09/01/2023
  39. ocument Transmitted
  40. mended Notice of Appeal Filed Certificate of Service- Mailed 08/07/2023 Attorney: Mullendore, Dennis Party: Mullendore, Dennis File Stamp: 08/16/2023
  41. ffidavit Authorizing Pauper Status Party: Mullendore, Dennis File Stamp: 08/16/2023
  42. eceived Document Receive Date: 08/23/2023 Motion to Proceed on Appeal in Forma pauperis- Appellant **Pauper established by Affidavit** PostmarkDate: 08/16/2023
  43. otion to Compel Court Clerk/ Reporter for Copy of Transcripts/ Clerks Records- Appellant Certificate of Service- Mailed 08/17/2023 Attorney: Mullendore, Dennis File Stamp: 08/22/2023
  44. otice of Completion of Clerk's Record Transcript Not Yet Completed Certificate of Service- Electronically Served appellee and mailed to appellant 08/10/23 File Stamp: 08/10/2023
  45. ocument Transmitted
  46. otice of Appeal Filed Certificate of Service-Mailed 07/10/23 (no service on AG's Office) Attorney: Mullendore, Dennis Party: Mullendore, Dennis File Stamp: 07/27/2023
  47. OA Service to Trial Court Sent Date: 08/01/2023
  48. eceived Document Receive Date: 07/31/23 Motion for Pauper Status & Affidavit - Certificate of service does not show service on AG's Office and missing copy of trial court's order denying pauper status. PostmarkDate: 07/27/2023
  49. otice Regarding Case Creation Party: Mullendore, Dennis Serve: Mullendore, Dennis Notice Sent: 08/01/2023
  50. ocument Transmitted
  51. otice of Defect Issued Motion for Pauper Status Party: Mullendore, Dennis Serve: Rokita, Theodore Issue Date: 08/01/2023

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