Appellate court delays, blame

August 14, 2008
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From IL reporter Michael Hoskins, who attended today's arguments: 

The Indiana Supreme Court is delving into interesting issues that hit on speedy criminal trials and how appellate court delays have a role in that process. Of course, a comment made during arguments Thursday morning touches on appellate court efficiency and how that does, or doesn’t, impact the system.

Arguments can be viewed online here by clicking on the name of the case, Robert J. Pelley v. State. It is a South Bend case in which justices are being asked to reinstate four murder convictions against a Lakeville man accused of killing his family as a teenager two decades ago. At issue is how the local prosecutors, when filing charges in 2002, filed an interlocutory appeal based on a motion from a third party that sought to stop counseling records from being released to the state for use at trial. The appellate court stopped the trial from happening but held onto the appeal for two years, putting a wrench in the prosecutor’s plan to take it to trial within one year as Criminal Rule 4 spells out. Exceptions are if the defendant somehow caused the delay, or if an “emergency” or “court congestion” occurred. Those terms are being dissected and examined, as well as whether the one-year clock could have been stopped or should get some blanket rule as it relates to interlocutory appeals. The state says it’s not at fault for the delay. So does the defendant.

Toward the end of the arguments, Justice Ted Boehm made an interesting observation when the deputy attorney general was at the podium. He pointed out that the state could have asked for an expedited appeal from the COA, even though interlocutory appeals are already supposed to get that rushed attention. He then pressed the state for not directly calling the appellate court or clerk’s office to bring the timetable and Criminal Rule 4 running clock to the court’s attention. The deputy attorney general said the appellate court knew nothing was happening because of the stay and should have known the Criminal Rule 4 timetable based on the fact that this was an interlocutory appeal

Justice Boehm’s response: “You give us too much credit. You have to spell things out for us. We have a lot of paper to read up here.”

Interesting point, Your Honor. Particularly at a time when there’s discussion about new judges being added to the state’s intermediate appellate court. We’ve seen footnotes in some appellate rulings during the past year that highlight a handful of cases being delayed, specifically between the clerk’s office transmitting a case to the court. Later this month, lawmakers will be discussing whether a new panel should be added to the COA. This case aside, those discussions should be interesting.
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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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