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Tuesday, October 07, 2008
Ind. Decisions - Supreme Court decides one today
In Larry W. Newton v. State, a 5-page, 4-1 decision on a direct appeal, with four separate opinions, Judge Dickson writes:
In this direct appeal, defendant Larry Newton appeals the trial court’s order vacating its permission for the defendant to file a belated appeal.1 We find that the trial court correctly re-scinded its order and struck the belated appeal because it lacked authority to grant the defen-dant’s request presented more than thirty days after final judgment. In addition, the defendant fails to present cogent argument as to the issue raised in this appeal. Ind. Appellate Rule 46(A)(8)(a). * * *As to the issue that is the subject of this appeal, the propriety of the trial court's December 10 order, withdrawing permission and striking the defendant's December 3 request to file a belated appeal of the October 5, 2007 judgment, the defendant fails to present any argument, cogent or other-wise, as required by Indiana Appellate Rule 46(A)(8)(a). We therefore decline to consider this purported appeal. It is ordered that this appeal be dismissed.
Boehm, J., concurs. Shepard, C.J., concurs with separate opinion. Sullivan, J., concurs in result with separate opinion. Rucker, J., dissents with separate opinion.
Posted by Marcia Oddi on October 7, 2008 03:47 PM
Posted to Ind. Sup.Ct. Decisions