FrostedGlass
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Here's the link in case anyone wants to read the appeal. If I post the actual case link, it will go dead after a couple of hours or so.
GUILTY IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*
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Niner
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Here's the link in case anyone wants to read the appeal. If I post the actual case link, it will go dead after a couple of hours or so.
Case # 21S-LW-00333
Figures... no access... oh well!
FrostedGlass
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@Niner I haven't forgotten this case; there just hasn't been a lot happening. Do's atty petitioned for a re-hearing, the State responded to the petition and the SC denied her petition. It has been in the waiting room for quite some time.
I'll update this again. From what I've understood, this an excellent example of why the trial attorneys must do a diligent job of laying a solid foundation for appeal.
I'll update this again. From what I've understood, this an excellent example of why the trial attorneys must do a diligent job of laying a solid foundation for appeal.
Niner
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I figured that you had not forgotten about this one. And here I thought you were posting an update.... oh well!
FrostedGlass
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I'll be back soon. lol...I figured that you had not forgotten about this one. And here I thought you were posting an update.... oh well!
FrostedGlass
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@Niner Sorry I haven't gotten back to Owen. He's a done deal for now.
Here's an update for you from Murz. I had to check his F2 case to find it.
Another issue to try to get educated on. Whatever it is he wants, the court isn't letting him have it.
I'd sure like to see it, too.
Here's an update for you from Murz. I had to check his F2 case to find it.
Another issue to try to get educated on. Whatever it is he wants, the court isn't letting him have it.
I'd sure like to see it, too.
| 12/07/2023 | Motion Filed Defendant, as SRL, files Motion for Order Requiring Counsel to Produce Attorney-Client File to Client hpd Filed By: MURZYNSKI, MATTHEW A.P. |
| 12/08/2023 | Administrative Event Court denies defendant's Motion for Order Requiring Counsel to Produce Attorney-Client File to Client filed as a self-represented litigant on December 7, 2023 because the defendant has failed to comply with Indiana law, the Indiana Rules of Trial Procedure and the Elkhart County Local Court Rules relative to discovery and the production of a file from the Elkhart County Public Defender's Office. cj |
| 12/09/2023 | Automated ENotice Issued to Parties Administrative Event ---- 12/8/2023 : Elkhart County Probation Department;Vicki Elaine Becker;MATTHEW A.P. MURZYNSKI;Victim Assistance |
| 12/11/2023 | Motion Filed Defendant, as SRL, files Motion for Order Requiring Counsel to Produce Attorney-Client file to Client Filed By: MURZYNSKI, MATTHEW A.P. |
| 12/12/2023 | Administrative Event Court denies defendant's Motion for Order Requiring Counsel to Produce Attorney-Client File to Client filed as a self-represented litigant on December 11, 2023 because the defendant has failed to comply with Indiana law, the Indiana Rules of Trial Procedure and the Elkhart County Local Court Rules relative to discovery and the production of documents requested by the defendant. cj |
FrostedGlass
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@Niner. There has been this recent filing. I have not a clue what this is an indication of, if anything.
21S-LW-00333
Supreme Court Letter Sent Regarding Release of Record
This letter is sent pursuant to the Supreme Court's August 8, 2018 "Standing Order Governing the Release of Appellate Records for Copying," Case No. 18S-MS-402. This letter pertains to the case and moving party noted above.
In accordance with the procedures prescribed in the Standing Order, please file-mark this letter, make an entry on the appellate docket, and provide file-marked copies to the Public Defender of Indiana, the Indiana Attorney General, any counsel of record, and the moving party.
As further provided in the Standing Order, you are authorized to release the appellate record in paper or electronic format to representatives of the Public Defender of Indiana who shall, within 90 days from the date of this letter, copy the record and return intact any portion of the record released in paper format. Representatives of the Public Defender shall transmit the copy to the moving party. However, as the Standing Order further provides, if the Office of the Public Defender has agreed to serve as the moving party's counsel and the movant wishes that representation to continue, then the movant is not entitled to a copy of the record, notwithstanding any language in this letter to the contrary.
The Court's policy is that a party may receive only one copy of their direct appeal record at no charge.
Party: Owen, Donald R JR
Serve: Owen, Donald R JR
Serve: Duerring, Marielena
Serve: Rokita, Theodore Edward
Serve: Comer, Evan Matthew
Serve: Dayton, Samuel Joseph
Serve: Karozos, Amy E
File Stamp: 03/01/2024
21S-LW-00333
Supreme Court Letter Sent Regarding Release of Record
This letter is sent pursuant to the Supreme Court's August 8, 2018 "Standing Order Governing the Release of Appellate Records for Copying," Case No. 18S-MS-402. This letter pertains to the case and moving party noted above.
In accordance with the procedures prescribed in the Standing Order, please file-mark this letter, make an entry on the appellate docket, and provide file-marked copies to the Public Defender of Indiana, the Indiana Attorney General, any counsel of record, and the moving party.
As further provided in the Standing Order, you are authorized to release the appellate record in paper or electronic format to representatives of the Public Defender of Indiana who shall, within 90 days from the date of this letter, copy the record and return intact any portion of the record released in paper format. Representatives of the Public Defender shall transmit the copy to the moving party. However, as the Standing Order further provides, if the Office of the Public Defender has agreed to serve as the moving party's counsel and the movant wishes that representation to continue, then the movant is not entitled to a copy of the record, notwithstanding any language in this letter to the contrary.
The Court's policy is that a party may receive only one copy of their direct appeal record at no charge.
Party: Owen, Donald R JR
Serve: Owen, Donald R JR
Serve: Duerring, Marielena
Serve: Rokita, Theodore Edward
Serve: Comer, Evan Matthew
Serve: Dayton, Samuel Joseph
Serve: Karozos, Amy E
File Stamp: 03/01/2024
FrostedGlass
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@Niner Maybe I've figured this new filing out. I think it's DO requesting his appellate records.
This number was referenced in the latest filing: Case No. 18S-MS-402
Following is a snip from that order:
Order Issued
This order vacates and replaces the Standing Order Governing the Release of Appellate Records for Copying issued March 8, 2001, Case No. 94S00-0103-MS-152, and governs the procedure in criminal cases for providing an indigent party with a copy of the record filed in this Court on direct appeal. Effective immediately and until further order, whenever the Supreme Court receives a motion from an indigent party requesting a copy of a direct appeal record at public expense, the Office of Supreme Court Services may, without further order of this Court, issue a letter directing the Clerk of this Court to release the record to the Office of the Public Defender of Indiana to copy and transmit it to the party.
This number was referenced in the latest filing: Case No. 18S-MS-402
Following is a snip from that order:
Order Issued
This order vacates and replaces the Standing Order Governing the Release of Appellate Records for Copying issued March 8, 2001, Case No. 94S00-0103-MS-152, and governs the procedure in criminal cases for providing an indigent party with a copy of the record filed in this Court on direct appeal. Effective immediately and until further order, whenever the Supreme Court receives a motion from an indigent party requesting a copy of a direct appeal record at public expense, the Office of Supreme Court Services may, without further order of this Court, issue a letter directing the Clerk of this Court to release the record to the Office of the Public Defender of Indiana to copy and transmit it to the party.