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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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