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Justices send dismissed post-conviction case back to COA

November 19, 2018

The Indiana Court of Appeals errantly dismissed a man’s post-conviction relief case, the Indiana Supreme Court ruled, reinstating the man’s case last week and remanding it to the lower appellate court.

Justices on Tuesday granted transfer in Kenny Green v. State of Indiana, 18S-PC-562, for the purpose of reinstating Green’s PCR case in the Indiana Court of Appeals with instructions to establish a briefing schedule for review of his appeal on the merits.

Green appealed the Marion Superior Court’s denial of post-conviction relief from his 2012 conviction of Class A felony rape and Class D felony auto theft, which was affirmed on direct appeal. When his post-conviction transcript was overdue to the COA, Green, representing himself, did not move to compel its completion as required by Indiana Appellate Rule 10(G).

However, Green was granted a motion to file a belated appeal, but the COA ultimately dismissed his appeal for failure to comply with Rule 10(G). After the transcript was completed — nearly one year after Green filed his notice of appeal and almost 10 months after it was due — Green moved the Supreme Court to grant transfer and reinstate his case, which it did.

“Because (Green’s) appeal was dismissed before any briefs were filed, meaningful review of his post-conviction arguments is impossible,” reads the order granting transfer.

Green’s case is the sole petition to transfer justices reviewed last week. Transfer orders may be read here.

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