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COA: Trial judges can't expand timetable on filing appeal notice

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State trial judges do not have the power to expand the appeal filing timetable outlined by Appellate Rule 9, the Indiana Court of Appeals cautioned today.

In the four-page ruling of Anthony Mark Sewell v. State of Indiana, No. 73A01-1005-CR-194, the three-judge appellate panel dismissed the case after the Indiana Attorney General’s Office filed a cross-appeal requesting dismissal because the appellant’s notice of appeal wasn’t filed in time.

Special Judge Jack Tandy in Shelby Superior Court found Sewell guilty Oct. 19, 2009, of misdemeanor battery and misdemeanor criminal mischief, and on Nov. 17 the trial court received a handwritten letter from Sewell requesting an appeal and notifying the court he “may need” appointed appellate counsel. The trial court appointed an appellate attorney on Dec. 21, and on Jan. 5, 2010, that new attorney filed a notice of appeal. In total, that filing came about 50 days after Sewell’s conviction.

While Sewell is challenging his convictions based on evidence sufficiency, the AG’s Office argued on cross-appeal that Sewell failed to timely file notice of appeal within 30 days of a final judgment as required under Indiana Appellate Rule 9(A)(1). Though Sewell’s handwritten letter met that timetable, it did not comply with the rule requirements that it designate to which court the appeal is sought, direct the clerk to assemble the record or request a transcript, or specify whether this was a final judgment or interlocutory order.

“These significant, substantive deficiencies preclude us from concluding Sewell’s letter to the trial court was sufficient to preserve his right to appeal,” Judge Paul Mathias wrote for the panel. “Moreover, although the trial court purported to grant Sewell additional time to file a notice of appeal, no provision of the appellate rules permits trial courts to expand the time limit prescribed by Appellate Rule 9. Because the trial court lacked jurisdiction to grant Sewell additional time to file his notice of appeal, the Jan. 5 (2010) notice of appeal filed by Sewell’s appellate counsel was untimely.”

While the appellate court noted that Sewell’s conduct may qualify him to file a petition for permission for a belated notice of appeal under Post-Conviction Rule 2, this current appeal is dismissed for lack of subject matter jurisdiction.

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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