Shorter and not so sweet?

June 17, 2008
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Short and straight to the point. That describes a not-for-publication opinion from the Court of Appeals Monday, in Evan Erby v. State of Indiana, No. 18A02-0711-CR-977. Two sentences sum up this case, referring to an Indiana Supreme Court ruling last year about sentencing in a post-Blakely world. This time, Erby challenged a 10-year sentence for armed robbery, and the COA panel noted that the justices specifically rejected a similar argument in Anglemeyer v. State, 868 N.E.2d 482, 491 (Ind. 2007), in holding that trial courts no longer have to “properly weigh” aggravators and mitigators in sentencing.

While this may not be unique in that it’s the shortest opinion ever, it’s the shortest we can recall seeing in awhile. Sure, it’s an NFP and isn’t citable or precedent-setting. Maybe this shortness also signals a trend we’ll be seeing more at our intermediate appellate court, where caseloads continue increasing to the tune of an expected 3,100-plus opinions by the end of the year – an average of about 2.2 opinions per judge per day. That means less time and less review for each case, though not necessarily less quality. While it may not be evident here, some could probably raise the quantity vs. quality argument when pondering the increasing workload. We have a story in our latest issue of Indiana Lawyer about how the COA focused in 2007 on improving efficiency in the wake of higher caseloads. Will this be used as ammunition in the case for a new sixth appellate panel, which has been discussed for some time and is being explored by an interim legislative study committee?

A recent post on the Carroll County Courts blog noted the consequences of budgetary problems and how a judge might feel without adequate staff. We wondered if this is how the Court of Appeals and other judges feel about their increasing caseloads. Take a look. (
  • A fuller explanation of the reasons for the 1-page opinion is not hard to find. A recent opinion HIGHLY critical of the same public defender in another appeal shows the reason. See State v. Matthew Johnson,
    Although the opinions contains other critical comments as well, the following footnote best illustrates why the court gave such short shrift to this PD\'s argument in the 1 paragraph opinion.

    5. We note that this court has found it necessary on several previous occasions to remind Johnson’s counsel that arguments must be supported by cogent argument and applicable authority. See Tamsett v. State, 879 N.E.2d 1231, 2008 WL 204698 (Ind. Ct. App. 2008) (unpublished opinion) (noting that counsel cited an outdated version of Rule 7(B)); Gray v. State, 876 N.E.2d 387, 2007 WL 3244230 (Ind. Ct. App. 2007) (unpublished opinion) (noting that counsel cited an outdated version of Rule 7(B), and “caution[ing] counsel to conduct a more thorough legal research process in the future”); Stanley v. State, 874 N.E.2d 650, 2007 WL 2916451 (Ind. Ct. App. 2007) (unpublished opinion) (holding issue waived based on failure to make a cogent argument or cite to relevant authority); Ruble v. State, 873 N.E.2d 202, 2007 WL 2473232 (Ind. Ct. App. 2007) (unpublished opinion) (indicating that counsel “misstates the issue,” and cites authorities that are “either obsolete, inapplicable, repealed or replaced by other authorities,” and declining to address the merits based on counsel’s failure to make cogent argument); Sharp v. State, 835 N.E.2d 1079, 1084 n.8 (Ind. Ct. App. 2005) (holding argument waived based on failure to make cogent argument). We urge counsel to perform adequate research and put forth cogent arguments for his clients, who have a constitutional right to effective assistance of appellate counsel.

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

  2. 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.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...