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Thursday, March 13, 2014

Ind. Decisons - Supreme Court decides one today

In Bobby Alexander v. State of Indiana, a 4-page, 5-0 per curiam opinion, the Court writes:

We granted transfer to address whether this appeal, taken after a prison sentence was imposed but before the question of restitution was decided, should have been dismissed as premature. Given the particular circumstances, as explained below, we have concluded that this appeal should not be dismissed and should be remanded to the Court of Appeals for resolution on the merits. * * *

[H]ere the trial court advised Alexander that any Notice of Appeal had to be filed within thirty days of the June 20 hearing and the trial court appointed appellate counsel a few days later. That advisement sufficiently put matters in a state of confusion about Alexander’s appeal deadline, we think, such that he is entitled to have his appeal decided on the merits now. * * *

As indicated, given the confusion about appellate deadlines that may have resulted from the trial court’s advisement and in view of the delay already in the case, Alexander’s appeal should be addressed on the merits even though the issue of restitution remains unresolved at this juncture. Accordingly, transfer having been granted, this case is remanded to the Court of Appeals for consideration of the points raised in Alexander’s appellant’s brief.

Posted by Marcia Oddi on March 13, 2014 02:22 PM
Posted to Ind. Sup.Ct. Decisions