COA finds inmate's post-conviction relief process 'confusing'

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals reversed the denial of a pro se inmate’s petition for permission to file a belated appeal after his post-conviction relief petition was denied, finding the chronological cases summary to contain inconsistencies. The judges also noted that this particular court has a “documented history” of not organizing and keeping abreast of its post-conviction relief files.

Anthony Taylor was convicted in 2007 of felonies unlawful possession of a firearm by a serious violent felon and unlawful use of body armor, and he was sentenced to 15 years. In 2008, he filed a pro se petition for post-conviction relief. During this process, Taylor was moved from the Putnamville Correctional Facility to the Miami Correctional Facility. Taylor alerted the court of his move, but he did not receive further pleadings or orders for a while after his move. The post-conviction court denied his petition for relief on Feb. 4, 2010.

In April, Taylor filed a motion for re-issuance of order denying post-conviction relief and/or extension of time limitation in order to contest ruling, and at this point the allegations of the pleadings included in the record and the entries of the CCS diverge, noted the appellate court. The CCS, which acts as the court’s official record, had inaccuracies and contradictions. The post-conviction court, Marion Superior Judge Grant W. Hawkins’ court, denied Taylor’s motion on July 27, 2010.

In Anthony Taylor v. State of Indiana, No. 49A02-1008-PC-949, Taylor appealed pursuant to Post-Conviction Rule 2, but that rule is not available to him. Instead, the appellate court used its power to grant appropriate equitable relief under Taylor’s Trial Rule 72(E) motion. This rule is applicable when the CCS doesn’t contain evidence that a copy of the court’s order was sent to each party, wrote Chief Judge Margret Robb. The CCS doesn’t specify to what address the post-conviction court mailed the order denying Taylor’s petition and also showed that it still mailed an order to him at his previous address after he gave the court notice he was moved.

Taylor did everything he knew to do to bring the case to the appellate courts, and the record supports his assertion that he corresponded with the post-conviction court around the time of his move.

“And, as Taylor points out, this particular court has a documented history of failing to organize and keep abreast of its post-conviction relief files,” wrote the chief judge, pointing to the discipline imposed against Judge Hawkins in 2009 for not organizing post-conviction relief files and allowing delays in post-conviction relief cases. The judge had failed to ensure that defendant Harold Buntin’s post-conviction relief order was processed immediately and the parties were notified of the order.

“In sum, what transpired after Taylor filed his petition for post-conviction relief is confusing even to us; it is little wonder Taylor was confused about how to proceed,” she wrote.

They remanded to the post-conviction court to allow Taylor to file a notice of appeal from the denial of his petition for post-conviction relief.


Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.