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Man ineligible to bring belated appeal

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Because his guilty plea included a fixed sentence, a man who pleaded guilty to a drunken-driving charge is precluded from challenging his sentence by direct appeal, the Indiana Court of Appeals ruled. This also prevents him from challenging his sentence under Ind. Post-Conviction Rule 2.

Dean Eric Blanck, through a written plea agreement, pleaded guilty to Class D felony operating while intoxicated in exchange for two other charges being dropped. The agreement provided for a three-year sentence served on electronic monitoring and suspension of his driver’s license.

A year later, Blanck sought permission to file a belated notice of appeal and a petition for appointment of appellate counsel pursuant to PCR 2, which the court denied.

The Court of Appeals affirmed in Dean Eric Blanck v. State of Indiana, 47A01-1209-CR-424. Blanck argued that his plea agreement was open, which allows him to seek a belated direct appeal, but he misread his written plea agreement. It had two separate sections, with (A) for an open plea and (B) for a fixed plea. His plea agreement and the transcript of the plea hearing clearly show that his sentence did not result from an open plea, Senior Judge Carr Darden wrote. Thus, he is not allowed to challenge his sentence by direct appeal and is not “eligible” to seek permission for a belated appeal under PCR 2.

Because of this, the trial court also properly denied his petition to appoint appellate counsel for that purpose, the appellate court held.

 

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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.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  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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