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Thursday, March 27, 2008

Ind. Decisions - Court of Appeals issues 1 today (and 3 NFP), including an appeal lost in the Clerk's office for two years

For publication opinions today (1):

In Karen Berry Williams v. State of Indiana, a 9-page opinion, Chief Judge Baker writes:

Appellant-defendant Karen R. Berry Williams appeals the revocation of her probation, claiming that the trial court’s failure to advise her that an admission of guilt to a violation of the Shelby County Adult Day Reporting Program (ADRP) rules could also constitute a basis for a probation revocation. Williams further claims that the trial court allegedly failed to consider certain mitigating evidence regarding her sentence and that her counsel was ineffective because he failed to advise Williams that her admission to the ADRP violation would also constitute an admission to the probation violation. Finally, Williams contends that she received the ineffective assistance of counsel because her attorney failed to specifically set forth mitigating circumstances for the trial court to consider in imposing the sentence on the probation violation. Finding no error, we affirm the judgment of the trial court.
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Ftnote 1. As we pointed out in Gilbert v. State, 874 N.E.2d 1015, n.1 (Ind. Ct. App. 2007), we have recently become aware of some difficulties in receiving the prompt transmission of fully-briefed appeals to our court. The case herein was fully briefed on March 28, 2006 but was not transferred to our court until February 18, 2008.

The Clerk of the Court has assured us that a new system and periodic inventory review program have been implemented to minimize future delays. In the event of an extraordinary delay—such as what has occurred here—it may be helpful for counsel to make inquiry with the Clerk’s office regarding the status of the case. Additionally, a link to the Clerk’s online docket is available at http://www.in.gov/judiciary/cofc/ and counsel may check the docket to confirm that the case has, in fact, been transmitted to this court after being fully briefed.

This follows upon the ILB entry from March 20th and is the fourth such case that has surfaced. How many more are there? CJ Baker instructs that after your appeal has been fully briefed, check that it has in fact been transmitted to the judges (rather than simply assuming that the court is taking a long time to act on it).

NFP civil opinions today (1):

Jodie Patrick v. Brian Patrick (NFP) - "Jodie R. Patrick (“Mother”) appeals the order of the Knox Superior Court granting the petition of Brian T. Patrick (“Father”) to modify custody of the Patricks’ child, B.P. On appeal, Mother claims that the trial court abused its discretion in modifying custody based upon Mother’s plan to move out of state. We affirm."

NFP criminal opinions today (2):

Joshua Jones v. State of Indiana (NFP)

Darrell L. Hall v. State of Indiana (NFP)

Posted by Marcia Oddi on March 27, 2008 01:47 PM
Posted to Ind. App.Ct. Decisions