COA decides not to take video recording issue on interlocutory appeal

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The Indiana Court of Appeals Thursday decided that it was improper for it to accept a man’s appeal of his motion seeking to exclude video recordings of video files found on his phone. The judges accordingly dismissed David Wise’s appeal.

Wise’s wife discovered video files on his phone that showed him performing sex acts on her while unconscious. She suspected he drugged her so he could perform the acts. She was unable to download the videos from his phone directly, so she used a camcorder to record video of the files playing on her husband’s phone. The state charged Wise with rape and criminal deviate conduct. He filed a motion in limine to exclude the video evidence taken by his wife, which the trial court denied Sept. 26, 2012.

On Oct. 22, 2012, Wise asked the trial court to certify its order for interlocutory appeal, but the trial court did not grant his motion to certify until Dec. 4. The COA’s motions panel accepted jurisdiction in February.

Based on Appellate Rule 14(B)(1), the Court of Appeals should not have accepted jurisdiction over the case in the first place, Judge Paul Mathias wrote in David Wise v. State of Indiana, 49A02-1301-CR-1. The trial court did not rule on the motion or set a hearing on the motion within 30 days after Wise asked for certification. Therefore, the motion was deemed denied 30 days after it was filed – Nov. 22, 2012.

“We are unable to conclude that the trial court’s belated certification complies with Appellate Rule 14(B)’s time limitations. To hold otherwise would effectively nullify the ‘deemed denied’ provision of Appellate Rule 14(B)(1)(e), the clear purpose of which is to limit the amount of time a trial court has to rule on a motion to certify. We therefore conclude that, by operation of Appellate Rule 14(B)(1)(e), Wise’s motion to certify was deemed denied, and the trial court could not resuscitate Wise’s motion by belatedly granting it after it had been deemed denied,” Mathias wrote.


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  1. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): (“2016Pet”) Amicus brief 2016: (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

  2. if the proabortion zealots and intolerant secularist anti-religious bigots keep on shutting down every hint of religious observance in american society, or attacking every ounce of respect that the state may have left for it, they may just break off their teeth.

  3. "drug dealers and traffickers need to be locked up". "we cannot afford just to continue to build prisons". "drug abuse is strangling many families and communities". "establishing more treatment and prevention programs will also be priorities". Seems to be what politicians have been saying for at least three decades now. If these are the most original thoughts these two have on the issues of drug trafficking and drug abuse, then we're no closer to solving the problem than we were back in the 90s when crack cocaine was the epidemic. We really need to begin demanding more original thought from those we elect to office. We also need to begin to accept that each of us is part of the solution to a problem that government cannot solve.

  4. What is with the bias exclusion of the only candidate that made sense, Rex Bell? The Democrat and Republican Party have created this problem, why on earth would anyone believe they are able to fix it without pushing government into matters it doesn't belong?

  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.