Defense atty Andrew Baldwin is doing what he should be doing, IMO.
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V. POST-TRIAL PROCEEDINGS
Rule 5.1. Advisements After Sentencing
(A) Upon entering a conviction, the court must sentence a defendant within thirty days of the plea or the finding or verdict of guilty, unless extended for good cause.
(B) Following the sentencing of a defendant on a conviction, or on a revocation or modification of post-conviction conditions in which the defendant has not waived the right to appeal, the judge must immediately advise the defendant: (1) The defendant is entitled to take an appeal or file a motion to correct error.(2) If the defendant wishes to file a motion to correct error, it must be done within thirty days of the sentencing.(3) If the defendant wishes to take an appeal, the defendant must file a notice of appeal within thirty days after the sentencing or within thirty days after the motion to correct error is denied or deemed denied, if one is filed; if the notice of appeal is not timely filed, the right to appeal may be forfeited.(4) If the defendant is financially unable to employ an attorney, the court will appoint counsel for defendant at public expense for the purpose of taking an appeal.15
(C) After these advisements, the court must inquire whether the defendant wishes to appeal. If the defendant desires an appeal, the court must inquire whether defendant has funds to employ an attorney. If the court finds the defendant who wishes to appeal is financially unable to employ counsel, the court must promptly appoint an attorney to represent the defendant and notify the defendant.
Rule 5.2. Abstract of Judgment
Upon sentencing a person for any felony conviction, the court must complete an abstract of judgment in an electronic format approved by the Indiana Office of Judicial Administration(IOJA). The IOJA will maintain an automated system for purposes of submitting the electronic abstract of judgment.
Rule 5.3. Motion to Correct Error
(A) When Mandatory. A motion to correct error is not a prerequisite for appeal, except when a party
seeks to address newly discovered material evidence, including alleged jury misconduct, capable of production within thirty days after the sentencing date which, with reasonable diligence, could not have been discovered and produced at trial .All other issues and grounds for appeal appropriately preserved during trial may be initially addressed in the appellate brief.
(B) Time for Filing. A motion to correct error, if any, must be filed within thirty days after the date of sentencing, or the date of entry on the chronological case summary of an order of dismissal or an order of acquittal.
Rule 5.4. Time Within Which the Appeal Must be Submitted
The notice of appeal must be filed within thirty days after the date of entry on the chronological case summary of an order of sentencing, dismissal, or acquittal. However, if a motion to correct error is timely filed pursuant to Rule 5.3, the notice of appeal must be filed within thirty days after the ruling on the motion to correct error is entered on the chronological case summary or the motion to correct error is deemed denied under Trial Rule 53.3, whichever occurs earlier.
Rule 2.7. Written Motions and Legal Memoranda
All written motions must include specific contentions supported by cogent reasoning and pertinent legal authorities.
(A) Motion to Dismiss. A separate legal memorandum must accompany any motion to dismiss. Additional requirements are prescribed by Ind. Code § 35-34-1-4.
(B) Motion to Suppress. A defendant who seeks to exclude evidence must make a timely objection at trial. To facilitate judicial economy, counsel is also strongly encouraged to file a pretrial motion to suppress at least ten days before a jury trial. Moving counsel must clearly state the items or statements to be suppressed and the basis for the suppression
