GUILTY IN - James Chadwell II, 42, arrested after girl 9, found in his home, Lafayette, 19 Apr 2021 #4

[minazoe]

I think he cannot appeal in another court...maybe he cannot appeal at all because he pled guilty in a plea deal..so something like this? he cannot transfer jurisdiction to launch an appeal?

guessing...

 

[twall]

What exactly was this petition concerning.

JBC petitioned the Appellate Court for a re-hearing on his denied appeal and was denied so he tried to get the appeal transferred to the Supreme Court but was denied.

J. Petition. The term “Petition” shall mean a Petition for Rehearing, a Petition to Transfer an appeal to the Supreme Court

Indiana Rules of Appellate Procedure

His docket and filings are at this link, you can access if not outside US.

Indiana Courts Case Search - MyCase

Indiana Supreme Court, Public Access

public.courts.in.gov

 

[StarryStarryNight]

JBC petitioned the Appellate Court for a re-hearing on his denied appeal and was denied so he tried to get the appeal transferred to the Supreme Court but was denied.

J. Petition. The term “Petition” shall mean a Petition for Rehearing, a Petition to Transfer an appeal to the Supreme Court

Indiana Rules of Appellate Procedure

His docket and filings are at this link, you can access if not outside US.

Indiana Courts Case Search - MyCase

Indiana Supreme Court, Public Access

public.courts.in.gov

Thanks!

 

[FrostedGlass]

JBC petitioned the Appellate Court for a re-hearing on his denied appeal and was denied so he tried to get the appeal transferred to the Supreme Court but was denied.

J. Petition. The term “Petition” shall mean a Petition for Rehearing, a Petition to Transfer an appeal to the Supreme Court

Indiana Rules of Appellate Procedure

His docket and filings are at this link, you can access if not outside US.

Indiana Courts Case Search - MyCase

Indiana Supreme Court, Public Access

public.courts.in.gov

I read through this a couple of times when the decision came out. I need to do it a couple more times because at this point, I think the IN Supreme Court should have heard it. There is this issue, #3 (why would they refuse to publish their decision?). It sounds like Chadwell may have been given advice about the open plea, which turned out not to be totally correct. So now he's stuck. Someone with a legal background will hopefully comment; there's a lot to be discussed.

3. This Court issued a not-for-publication memorandum decision. The decision held that Chadwell could not raise double jeopardy on direct appeal and that a split in authority on that issue was resolved by a per curiam summary affirmance in McDonald v. State, 179 N.E.3d 463 (Ind. 2022) (per curiam).

10.Making the decision published is particularly important given the circumstances of Chadwell’s case, where the entry of an open guilty plea was made with reliance on published authority stating that double jeopardy issues could be raised at the trial level and on direct appeal. Future litigants in Chadwell’s position should be aware that at least one panel of the Court of Appeals believes that the authority Chadwell relied upon has been overruled.