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Thursday, March 15, 2007

Ind. Decisions - Combined oral arguments on four Blakely-related cases before Supreme Court next week

A week from today, Thursday, March 22, 2007, the Supreme Court will hear oral arguments in David Boyle v. State, Warren Gutermuth v. State, Curtis Medina v. State, and David Moshenek v. State. As explained by the Court's calendar description:

This combined oral argument addresses whether a belated appeal or other proceeding referred to in Post-Conviction Rule 2 is a "direct appeal" for purposes of Blakely v. Washington, 124 S.Ct. 2531 (2004), and Smylie v. State, 823 N.E.2d 679 (Ind. 2005), and if so, what evidence of timeliness and diligence is required.

Boyle pleaded guilty in 1995 and initiated a Post-Conviction Rule 1 proceeding, then withdrew the post-conviction petition in 2004. The trial court allowed him to file a belated notice of appeal in 2005, without - the State asserts - a showing that he had been diligent in seeking a belated appeal. The Court of Appeals affirmed and applied Blakely. Boyle v. State, 851 N.E.2d 996 (Ind. Ct. App. 2006), trans. pending. The State has petitioned the Supreme Court to accept jurisdiction over the appeal. Attorney for Boyle;Christina Klineman of Indianapolis, IN. Attorney for State; Michael Worden of Indianapolis, IN.

Gutermuth pleaded guilty in 1994. He challenged his sentence in Post-Conviction Rule 1 proceedings in 2000, then initiated the instant Post-Conviction Rule 2 belated appeal in 2005. The Court of Appeals applied Blakely. Gutermuth v. State, 848 N.E.2d 716 (Ind. Ct. App. 2006), vacated. The Supreme Court has granted a petition to transfer the case, thus vacating the opinion of the Court of Appeals, and has assumed jurisdiction over the appeal. Attorney for Gutermuth; Jeffrey Stonebraker of Jeffersonville, IN. Attorney for State; Scott Barnhart of Indianapolis, IN.

Medina pleaded guilty in 1997. The trial court granted Medina's request, filed in 2006, for permission to file a belated notice of appeal. The Court of Appeals declined to apply Blakely. Medina v. State, No. 71A03-0604-CR-163 (Ind. Ct. App. Nov. 29, 2006) (unpublished mem.), trans. pending. Medina has petitioned the Supreme Court to accept jurisdiction over the appeal. Attorney for Medina; John Pinnow of Greenwood, IN. Attorney for State; Kelly Miklos of Indianapolis, IN.

Moshenek pleaded guilty in 1989. He initiated a Post-Conviction Rule 1 proceeding in 1994. The trial court denied his request, filed in 2005, for permission to file a belated motion to correct error, finding that Moshenek had not been diligent in seeking a belated appeal. The Court of Appeals reversed in Moshenek v. State, 851 N.E.2d 339 (Ind. Ct. App. 2006), trans. pending. The State has petitioned the Supreme Court to accept jurisdiction over the appeal. Attorney for Moshenek; Teresa Harper of Bloomington, IN. Attorney for State; Kelly Miklos of Indianapolis.

Posted by Marcia Oddi on March 15, 2007 11:24 AM
Posted to Ind. Sup.Ct. Decisions