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'Prison mailbox rule' applies to direct appeals

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The "prison mailbox rule," which the Indiana Court of Appeals had previously determined applies in post-conviction proceedings, also is applicable in direct appeals, the appellate court decided today.

In Robert E. Lawrence II v. State of Indiana, No. 29A02-0906-CR-580, the Court of Appeals ruled the trial court erred when it denied Robert Lawrence II permission to file a belated notice of appeal because his appeal was timely filed.

The trial court originally sentenced Lawrence Dec. 10, 2008, to 1,095 days in the Indiana Department of Correction, with all but one year suspended. The trial court amended the sentence two days later, saying it should be all but 703 days were suspended.

While incarcerated, Lawrence discovered more confusion over his sentence and drafted his request to appeal on Jan. 9, 2009. He gave it to a Reception and Diagnostic Center staff member to mail. Because he didn't have access to the law library on that date, his mail was handled outside the regular law library process - outgoing inmate mail on the weekends isn't processed, logged, or provide postmarks.

The trial court received the notice Jan. 16 and ruled it received the mail after the 30-day deadline to request an appeal and that Lawrence should pursue a belated motion to appeal. The trial court then denied him permission to file the belated notice of appeal.

The state had argued that Indiana hasn't stated a prison mailbox rule for criminal direct appeals. That rule says pro se filings from an incarcerated litigant are considered filed at the time they are delivered to prison authorities for forwarding to the court. Indiana has recognized that rule in the post-conviction context in Dowell v. State, 908 N.E.2d 643 (Ind. Ct. App. 2009); the state claims that ruling only applies in state post-conviction proceedings and depositing a pleading with prison officials isn't recognized by Indiana Trial Rule 5(F) as a permissible manner of filing.

"We do not believe the holding in Dowell was intended to foreclose the prison mailbox rule's application to other matters; there was simply no need to make a more sweeping pronouncement as to its application to situations not relevant to that case," wrote Judge Margret Robb. She noted the appellate court found no reason why the same analysis making it applicable in post-conviction proceedings shouldn't also apply to direct appeals.

Lawrence's request for an appeal was given to prison officials five days before his deadline to file the notice of appeal, so it was timely filed. As such, the appellate court granted him permission to pursue a belated appeal on the merits.

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  1. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  2. I agree. My husband has almost the exact same situation. Age states and all.

  3. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  4. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  5. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

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