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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. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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