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COA dismisses battery appeal as untimely

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The Marion County man who challenged his sexual battery and battery convictions had his appeal dismissed sua sponte by the Indiana Court of Appeals because his appeal was untimely.

Segun Rasaki was found guilty of Class D felony sexual battery and Class B misdemeanor battery at a bench trial in September 2012. He filed a motion to correct error on the day he was sentenced, citing insufficient evidence. The trial court denied his motion Feb. 15, 2013.

He did not file a notice of appeal within 30 days of this denial, but instead filed a motion for extension of time. Before the court denied the motion to correct error, he filed a petition for post-conviction relief in November 2012. The trial court had granted Rasaki until July 10, 2013, to file his appeal, on which date he did.

“[I]f Rasaki wished to bring a petition for post-conviction relief prior to pursuing a direct appeal, the proper course of action would have been to timely file his notice of appeal, then file a Davis/Hatton motion to suspend his direct appeal during the post-conviction process. But he did not do this,” Judge Paul Mathias. “Instead, he improperly sought to extend the thirty-day deadline of Appellate Rule 9(A) by filing a motion for enlargement of time under Trial Rule 6(B), and the trial court improperly granted these motions. But as noted above, Trial Rule 6(B) applies only to time limits imposed under the Trial Rules. Under Appellate Rule 9(A), Rasaki’s notice of appeal was due not later than thirty days after the trial court’s February 15, 2013, ruling on his motion to correct error, i.e., March 18, 2013. Rasaki’s notice of appeal was not filed until July 10, 2013, well beyond this deadline. Accordingly, Rasaki forfeited his right to appeal.”

The case is Segun Rasaki v. State of Indiana, 49A05-1307-CR-330.

 

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  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

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