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Justices remand post-conviction case to COA

December 19, 2016

A man’s post-conviction relief case dismissed by the Court of Appeals was remanded by the Indiana Supreme Court, which found an appendix was timely filed.

Justices on Friday remanded Jerry L. McClure v. State, 79A02-1501-PC-36, instructing the state to respond and further proceedings on the merits. The COA in a memorandum decision earlier this year dismissed his appeal seeking post-conviction relief from his plea of guilty to robbery and habitual offender charges. The court wrote it was obliged to dismiss the appeal because he did not file a record on appeal or transcript from his guilty-plea hearing. The COA also denied his petition for rehearing.

The Supreme Court on Friday granted McClure’s petition to transfer and remanded to the COA with instructions for the court to set a deadline for the state to file an appellee’s brief and for proceedings. In ordering remand, the court wrote the appendix had been timely filed but had not been marked as filed, leaving no record for the court to review. Justices ordered the appendix filed to establish a record for review.

McClure v. State was the lone case in which justices granted transfer last week. The court denied 16 petitions to transfer, which may be viewed here.
 

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