Appellate court delays, blame

August 14, 2008
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From IL reporter Michael Hoskins, who attended today's arguments: 

The Indiana Supreme Court is delving into interesting issues that hit on speedy criminal trials and how appellate court delays have a role in that process. Of course, a comment made during arguments Thursday morning touches on appellate court efficiency and how that does, or doesn’t, impact the system.

Arguments can be viewed online here by clicking on the name of the case, Robert J. Pelley v. State. It is a South Bend case in which justices are being asked to reinstate four murder convictions against a Lakeville man accused of killing his family as a teenager two decades ago. At issue is how the local prosecutors, when filing charges in 2002, filed an interlocutory appeal based on a motion from a third party that sought to stop counseling records from being released to the state for use at trial. The appellate court stopped the trial from happening but held onto the appeal for two years, putting a wrench in the prosecutor’s plan to take it to trial within one year as Criminal Rule 4 spells out. Exceptions are if the defendant somehow caused the delay, or if an “emergency” or “court congestion” occurred. Those terms are being dissected and examined, as well as whether the one-year clock could have been stopped or should get some blanket rule as it relates to interlocutory appeals. The state says it’s not at fault for the delay. So does the defendant.

Toward the end of the arguments, Justice Ted Boehm made an interesting observation when the deputy attorney general was at the podium. He pointed out that the state could have asked for an expedited appeal from the COA, even though interlocutory appeals are already supposed to get that rushed attention. He then pressed the state for not directly calling the appellate court or clerk’s office to bring the timetable and Criminal Rule 4 running clock to the court’s attention. The deputy attorney general said the appellate court knew nothing was happening because of the stay and should have known the Criminal Rule 4 timetable based on the fact that this was an interlocutory appeal

Justice Boehm’s response: “You give us too much credit. You have to spell things out for us. We have a lot of paper to read up here.”

Interesting point, Your Honor. Particularly at a time when there’s discussion about new judges being added to the state’s intermediate appellate court. We’ve seen footnotes in some appellate rulings during the past year that highlight a handful of cases being delayed, specifically between the clerk’s office transmitting a case to the court. Later this month, lawmakers will be discussing whether a new panel should be added to the COA. This case aside, those discussions should be interesting.
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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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