Court dismisses appeal because order isn't final

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The Indiana Court of Appeals dismissed sua sponte a man’s appeal of his conviction of and sentence for Class B felony dealing in methamphetamine, because the order he appeals from isn’t a final judgment.

E. Paul Haste was convicted of the drug charge, and at an Aug. 17, 2011, sentencing hearing, the trial court sentenced Haste to a 10-year executed sentence and said it would take the issue of restitution under advisement. Haste’s drug manufacturing activity caused $90,000 worth of damage to his landlord’s home.

Several days later, before the trial court entered an order on the restitution, Haste appealed. The Aug. 17 sentencing order isn’t an appealable final judgment, so the appellate court dismissed the appeal. It appears a final judgment was entered in October 2011, but it wasn’t made part of the record on appeal, and the judges were unsure whether Haste appealed that order. His conduct might qualify him to file a petition for permission to file a belated notice of appeal under Post-Conviction Rule 2, the court concluded in E. Paul Haste v. State of Indiana, No. 03A01-1108-CR-369.



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  1. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  2. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  3. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  4. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.