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Tuesday, March 29, 2011

Ind. Decisions - Supreme Court decides one today

In Edward Dawson v. State of Indiana, a 2-page, 5-0 per curiam opinion, the Court concludes:

A threshold question in this appeal is whether Post-Conviction Rule 2 allows belated appeals from an order revoking probation. * * *

The Court of Appeals correctly decided that belated appeals from orders revoking probation are not presently available pursuant to Post-Conviction Rule 2. We agree with the Court of Appeals’ analysis that the sanction imposed when probation is revoked does not qualify as a “sentence” under the Rule, and therefore Dawson is not an “eligible defendant.” Accordingly, we grant transfer and adopt and incorporate by reference the opinion of the Court of Appeals under Appellate Rule 58(A)(1).

Posted by Marcia Oddi on March 29, 2011 11:20 AM
Posted to Ind. Sup.Ct. Decisions