Newton v. State, 18S00-0804-CR-151
10-07-08, Ind. 894 N.E.2d 192
Attorney: L. Ross Rowland
Holding: Trial court lacked authority to grant request for belated appeal from prior order denying appeal, under Indiana Post Conviction Rule 2. Trial court initially granted motion, but then sua sponte rescinded order and dismissed appeal because Defendant did not timely file an appeal from trial court’s denial. Thus, trial court lacked authority to grant Defendant’s untimely request for permission to file belated appeal. Held, judgment affirmed. Shepard, C.J. and Sullivan, J., filed separate concurring opinions; Rucker, J., dissenting, would allow case to proceed because Defendant’s sixty-year sentence for conspiracy and confinement has never received appellate scrutiny.
