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COA dismisses appeal as untimely under T.R. 53.3(A)

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The Indiana Court of Appeals dismissed a man’s appeal from the denial of his motion to correct error because he didn’t file his notice within 30 days of when the motion was deemed denied, which happened before the trial court actually ruled on the motion.

The trial court found Robert Bergstrom committed speeding. He challenged the finding and filed what the trial court construed as a motion to correct error Dec. 8, 2008. On June 7, 2009, the trial court ordered his counsel to file a “formal” motion to correct error within 30 days, which the attorney did. A hearing was held Nov. 5, 2009, but the trial court didn’t take any action on his motion until Feb. 5, 2010 – 92 days after the hearing.

Bergstrom filed his notice of appeal March 4, 2010, which is within 30 days of the trial court order, but his notice is untimely because that’s not the date it was deemed denied under Indiana Trial Rule 53.3(A), wrote Judge Paul Mathias in Robert C. Bergstrom, Jr. v. State of Indiana, No. 92A05-1003-IF-170. T.R. 53.3(A) says if a trial court fails to rule on a motion to correct error within 30 days after it was heard, the pending motion shall be deemed denied.

Bergstrom should have appealed by Dec. 7, 2009. Since he did not, his appeal was dismissed as untimely.
 

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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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