Judges dismiss man's untimely appeal

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The Indiana Court of Appeals rejected a man’s argument that even though his appeal was untimely, the court should still address his appeal because of “considerations of justice.”

Jeremy Phovemire was convicted of Class D felony domestic battery and Class A misdemeanor invasion of privacy on March 21, 2011. His trial counsel filed a notice of appeal with the trial court on April 21, 2011, 31 days after the entry of final judgment. Phovemire’s appointed appellate counsel filed a petition for permission to file a belated notice of appeal, which did not include a proposed notice of appeal. The trial court granted the petition May 11, 2011, but Phovemire’s attorney didn’t file the belated notice of appeal until 40 days later.

The COA determined it lacked subject matter jurisdiction because Phovemire didn’t timely file his belated notice of appeal. Phovemire didn’t argue that his belated notice of appeal was untimely, but argued that “considerations of justice require” the appellate court to address the appeal on the merits because his appellate attorney didn’t receive notice of the trial court’s ruling on his petition.

In Jeremy Phovemire v. State of Indiana, No. 02A05-1106-CR-304, the judges rejected Phovemire’s arguments, noting that he should have petitioned to the trial court for an extension of time to initiate his appeal, but he did not.



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  1. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  2. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  3. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  4. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon

  5. So men who think they are girls at heart can use the lady's potty? Usually the longer line is for the women's loo, so, the ladies may be the ones to experience temporary gender dysphoria, who knows? Is it ok to joke about his or is that hate? I may need a brainwash too, hey! I may just object to my own comment, later, if I get myself properly "oriented"