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Here is info on the time frame for the final decision in Barnes v. State

Written by Subject: Constitution
(From an email to FreedomsPhoenix)
 
Here is info on the time frame for the final decision in Barnes v. State.   For background on this case go to this link to view the initial decision of May 12, 2011.    http://www.in.gov/judiciary/opinions/pdf/05121101shd.pdf

         This opinion in Barnes v. State is not a final decision here in Indiana until all opportunities are exhausted by either party (barnes and/or the state), the court responds and the final decision is certified by the Clerk of the Supreme Court.   See Appellate Rule 65 E.   (see the highlighted portions of the Rule below)

          The starting time for the 30 day clock begins the day after the decision was released which was May 12.   See Appellate Rule 54 B. 

         There does not appear to be an opportunity to file a reply brief to the Petition for Re-Hearing, unless the Supreme Court requests it.  See Appellate Rule 54 C and Rule 54 D,

         After the filing of the Petition for Re-Hearing, the Court can deny the Petition and send the opinion to the clerk for certification.

         Or the Court can grant the Petition and can alter or amend the May 12th decision.   There does not appear to be a time frame for the court to do this.   It is not clear if another Petition for Re-Hearing can be filed after the Court alters or amends it decision.

         Once the decision is certified, each party has 90 days to file a Petition for Writ of Certiorari to the Supreme Court of the United

         States of America (See Supreme Crt. of the USA Rule 13-1) if they desire to do so.   copied below.

         Any difference of opinion here, please notify - bob - 574-542-9065

 

http://www.in.gov/judiciary/rules/appellate/#_Toc251234883

Rule 65 E.      Certification of Opinion or Not-For-Publication Memorandum Decision. The Clerk shall serve uncertified copies of any opinion or not-for-publication memorandum decision by a Court on Appeal to all counsel of record, unrepresented parties, and the trial court at the time the opinion or memorandum decision is handed down. The Clerk shall certify the opinion or memorandum decision to the trial court or Administrative Agency only after the time for all Petitions for Rehearing, Transfer, or Review has expired, unless all the parties request earlier certification.   If the Supreme Court grants transfer or review, the Clerk shall not certify any opinion or memorandum decision until final disposition by the Supreme Court. The trial court, Administrative Agency, and parties shall not take any action in reliance upon the opinion or memorandum decision until the opinion or memorandum decision is certified.      (emphasis added)

 

Rule 54. Rehearings

A.     Decisions From Which Rehearing May be Sought.   A party may seek Rehearing from the following:

(1)     a published opinion;

(2)    a not-for-publication memorandum decision;

(3)    an order dismissing an appeal; and

(4)    an order declining to authorize the filing of a successive petition for post-conviction relief.

A party may not seek rehearing of an order denying transfer.

B.     Time for Filing Petition. A Petition for Rehearing shall be filed no later than thirty (30) days after the decision. Rule 25(C), which grants a three-day extension of time for service by mail or third-party commercial carrier, does not extend the due date, and no extension of time shall be granted.

C.      Brief in Response. No brief in response to a Petition for Rehearing is required unless requested by the Court, except that the Attorney General shall be required to file a brief in response to the Petition in a criminal case where the sentence is death. A brief in response to the Petition shall be filed no later than fifteen (15) days after the Petition is served or fifteen (15) days after the Court issues its order requesting a response. Rule 25(C), which provides a three-day extension for service by mail or third-party carrier, may extend the due date; however, no other extension of time shall be granted.

D.     Reply Brief Prohibited. Reply briefs on Rehearing are prohibited.

E.      Content and Length. The Rehearing Petition shall state concisely the reasons the party believes rehearing is necessary. The Petition for Rehearing and any brief in response are governed by Rule 44.

F.      Form and Arrangement. The form and arrangement of the Petition for Rehearing and any brief in response shall conform generally to Rule 43 and shall include a table of contents, table of authorities, statement of issues, argument, conclusion, word count certificate, if needed, and certificate of service.

 

SUPREME COURT OF THE U.S. - RULES
..Part III. Jurisdiction on Writ of Certiorari

http://www.law.cornell.edu/rules/supct/

Rule 13. Review on Certiorari: Time for Petitioning
1. Unless otherwise provided by law, a petition for a writ of certiorari to review a judgment in any case, civil or criminal, entered by a state court of last resort or a United States court of appeals (including the United States Court of Appeals for the Armed Forces) is timely when it is filed with the Clerk of this Court within 90 days after entry of the judgment. A petition for a writ of certiorari seeking review of a judgment of a lower state court that is subject to discretionary review by the state court of last resort is timely when it is filed with the Clerk within 90 days after entry of the order denying discretionary review. 2. The Clerk will not file any petition for a writ of certiorari that is jurisdictionally out of time. See, e. g., 28 U. S. C. §2101(c).

 

 

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