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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. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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