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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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