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Defendant not at fault for failing to timely appeal

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The Indiana Court of Appeals declined to hold a man at fault for the failure to file a timely notice of appeal, pointing to his attorney’s death from cancer shortly after the sentencing hearing.

Mark Jordan appealed the denial of his petition for relief under Indiana Post-Conviction Rule 2. He was convicted of burglary, theft and auto theft in January 2010 and sentenced June 4, 2010, to 23 years. At the time of the sentencing, Jordan indicated he wanted to appeal, but his attorney Frederick Work said the decision to appeal would be made after talking to Jordan’s family.

Jordan’s mother paid Work to handle the appeal, but on July 29, 2010, he was admitted to a hospital for surgery to treat a recurrence of cancer. He died Sept. 13, 2010. The only activity on Jordan’s case during this time was an August letter Jordan sent inquiring whether an appeal had been filed. No appeal was filed within the 30-day time period.

In 2012, when represented by counsel, Jordan filed his petition for post-conviction relief in order to file a belated appeal. The trial court denied his request without a hearing or specific findings.

“We decline to say that a post-conviction petitioner is at fault for failing to file a timely notice of appeal when his attorney becomes terminally ill shortly after the sentencing hearing, and the petitioner is incarcerated,” Judge John Baker wrote in Mark L. Jordan v. State of Indiana, 45A04-1212-CR-646.

The appellate judges found Jordan was not at fault for Work’s failure to timely file notice of appeal. Jordan was in prison and unaware of the circumstances, and his family believed that Work was preparing for the case during the time he was actually fighting cancer.

 

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. 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.

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  4. 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.

  5. 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?

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