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Judges dismiss man's untimely appeal

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The Indiana Court of Appeals rejected a man’s argument that even though his appeal was untimely, the court should still address his appeal because of “considerations of justice.”

Jeremy Phovemire was convicted of Class D felony domestic battery and Class A misdemeanor invasion of privacy on March 21, 2011. His trial counsel filed a notice of appeal with the trial court on April 21, 2011, 31 days after the entry of final judgment. Phovemire’s appointed appellate counsel filed a petition for permission to file a belated notice of appeal, which did not include a proposed notice of appeal. The trial court granted the petition May 11, 2011, but Phovemire’s attorney didn’t file the belated notice of appeal until 40 days later.

The COA determined it lacked subject matter jurisdiction because Phovemire didn’t timely file his belated notice of appeal. Phovemire didn’t argue that his belated notice of appeal was untimely, but argued that “considerations of justice require” the appellate court to address the appeal on the merits because his appellate attorney didn’t receive notice of the trial court’s ruling on his petition.

In Jeremy Phovemire v. State of Indiana, No. 02A05-1106-CR-304, the judges rejected Phovemire’s arguments, noting that he should have petitioned to the trial court for an extension of time to initiate his appeal, but he did not.

 

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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