Thursday, October 10, 2013
Ind. Decisions - "Elkhart teen begins appeal of his murder conviction"
Updating this ILB entry from yesterday, headed "Felony-murder case involving four Elkhart youths goes national," here is an Oct. 3rd story by Sharon Hernandez titled "Elkhart teen begins appeal of his murder conviction." The youth, Blake Layman, 17, of Elkhart, was convicted of felony murder at the joint trial in August. Some quotes from the story:
Layman’s attorney, Cara Weineke of Indianapolis, asked the [Elkhart Circuit Court on Oct. 3rd] to find her client indigent, so that he can obtain a copy of the trial transcript free of charge.Today the ILB contacted Ms. Wieneke, who explained:
If a person is found indigent, the court may give that person permission to proceed with legal action without having to pay court fees or costs.
Weineke, who was hired as private counsel, explained to the court that it was Layman’s family that hired her, not her client. She said Layman does not have the money to retain her services and therefore should be found indigent.
Anyone can obtain a copy of a court hearing transcript, but each page of a transcript costs $2.80.
Circuit Court Judge Terry Shewmaker pointed out that Sparks and Sharp had also said they planned to file for an appeal, and that he did not know whether the three appeals will be consolidated.
Shewmaker said he would take the matter under advisement and issue a ruling at a later time.
Blake's family was able to hire me as private counsel. But when I called the court reporter for the transcript, I was told it would likely be about $5000. Well more than the fee the family have agreed to pay me.
So I filed a motion for Blake to be allowed to proceed in forma pauperis for purposes of appeal. The Judge held a hearing on the motion last week.
An appellate attorney appointed [as a public defender] on that case out of Judge Shewmaker's court would make $1500-2500, depending on whether the Judge thought it warranted the higher amount. Still half of what the court reporter will make for making a transcript for just one of the co-defendants.
The Court, if the motion were granted, would not be appointing me as a public defender because my fee would be paid by the family. Instead, he would merely be treating Blake as an indigent person for purposes of the fees and costs. Here's what he can expect to have to pay: the fee for the transcript, any copying costs for a copy of the Clerk's Record (no idea how much that will be yet), and a $250 filing fee for the Court of Appeals. Altogether it will most likely exceed my fee.
Posted by Marcia Oddi on October 10, 2013 03:20 PM
Posted to Ind. Tax Ct. Decisions