GUILTY IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*

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Niner said:
You did not add a link...

I shall wait until you post a bit about the appeals & make my notes.
Click to expand...
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.

Indiana Courts Case Search - MyCase

Indiana Supreme Court, Public Access
public.courts.in.gov public.courts.in.gov
Case # 21S-LW-00333
 
@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.
 
FrostedGlass said:
@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.
Click to expand...

I figured that you had not forgotten about this one. And here I thought you were posting an update.... oh well! :)
 
@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.
12/07/2023Motion Filed
Defendant, as SRL, files Motion for Order Requiring Counsel to Produce Attorney-Client File to Client hpd
Filed By: MURZYNSKI, MATTHEW A.P.
12/08/2023Administrative 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
12/09/2023Automated ENotice Issued to Parties
Administrative Event ---- 12/8/2023 : Elkhart County Probation Department;Vicki Elaine Becker;MATTHEW A.P. MURZYNSKI;Victim Assistance
12/11/2023Motion Filed
Defendant, as SRL, files Motion for Order Requiring Counsel to Produce Attorney-Client file to Client
Filed By: MURZYNSKI, MATTHEW A.P.
12/12/2023Administrative 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
 
@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
 
@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.
 

Donald R Owen, Jr. v. State of Indiana​

Case Number20C01-2405-PC-000016
CourtElkhart Circuit Court
TypePC - Post Conviction Relief Petition
Filed05/14/2024
05/14/2024Case Opened as a New Filing
05/14/2024Petition for Post-Conviction Relief Filed
Petitionerr, as SRL, fils Petition for Post-Conviction Relief hpd
Filed By: Owen, Donald R JR
05/14/2024Clerk Administrative Event
Clerk e-mails Petition to Prosecutor and mails copy to Deft together with CCS hpd
05/14/2024Indigent Counsel Appointed at Court Expense
State PD Office appointed for PCR purposes
05/15/2024Administrative Event
Court reviews Petitioner's Petition for Post-Conviction Relief filed May 13, 2024. Court finds the Petitioner is indigent; State PD is appointed to represent the Petitioner. Cause set for status conference November 14, 2024 at 2:30 p.m. w/counsel only. cj
05/15/2024Hearing Scheduling Activity
Status Conference scheduled for 11/14/2024 at 2:30 PM.
05/15/2024Response Filed
The State by Attorney Files Response to Defendants Petition for Post-Conviction Relief
Filed By: State of Indiana
11/14/2024Status Conference
Session: 11/14/2024 2:30 PM, Judicial Officer: Christofeno, Michael A
Comment: Counsel Only ~ PCR
 
DO' s atty made his appearance. There are no other updates. The council only status conference is still scheduled for Nov. 14 @ 2:30 pm.

06/21/2024Appearance Filed
Appearance of Mark S. Koselke on Behalf of Petitioner
For Party: Owen, Donald R JR
 
Niner said:
Okay - thanks!
Click to expand...
I know nothing about post conviction relief. I wonder if this is about the Indiana Supreme Court's denial of DO's petition for a rehearing. His atty missed the filing deadline by 5 days (# 21S-LW-00333).

Post Conviction Relief case: 20C01-2405-PC-000016

Rule PC 1. Post-Conviction Relief​

Section 1. Remedy—To whom available—Conditions.​

(a) Any person who has been convicted of, or sentenced for, a crime by a court of this state, and who claims:

(1) that the conviction or the sentence was in violation of the Constitution of the United States or the constitution or laws of this state;
(2) that the court was without jurisdiction to impose sentence;
(3) that the sentence exceeds the maximum authorized by law, or is otherwise erroneous;
(4) that there exists evidence of material facts, not previously presented and heard, that requires vacation of the conviction or sentence in the interest of justice;
(5) that his sentence has expired, his probation, parole or conditional release unlawfully revoked, or he is otherwise unlawfully held in custody or other restraint;
(6) that the conviction or sentence is otherwise subject to collateral attack upon any ground of alleged error heretofore available under any common law, statutory or other writ, motion, petition, proceeding, or remedy;

may institute at any time a proceeding under this Rule to secure relief.
 
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