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COA upholds denial of fugitive's request to file an appeal

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A woman convicted of murdering her husband in the 1970s who escaped from prison and remained a fugitive for 35 years isn’t entitled to file a petition for belated appeal because her willful act of fleeing prevented her attorney from pursuing the appeal.

Linda G. Darby was convicted of killing her husband in 1970 and sentenced to life imprisonment. She filed a motion to correct error Nov. 28, 1970, which was denied. She was appointed counsel but no appeal was ever filed. She escaped from prison in 1972 and was apprehended in Tennessee in 2007. In 2011, she filed a petition to file a belated notice of appeal, which the trial court denied without a hearing.

Darby claimed that even though she fled the state, that didn’t relinquish her right to appeal. The Court of Appeals disagreed, citing Evolga v. State, 519 N.E.2d 532, 533 (Ind. 1988), and Prater v. State, 459 N.E.2d 39, 41 (Ind. 1984). It’s well settled in Indiana that when someone escapes from lawful custody, he isn’t entitled during the period he remains a fugitive to prosecute his appeal, noted Judge Carr Darden.

“In short, Darby’s counsel was prevented from pursuing Darby’s appeal by her willful act of fleeing the jurisdiction,” he wrote in Linda G. Darby v. State of Indiana, No. 45A04-1106-CR-318.

 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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