no action taken

[bess]

What is the name of your state? Indiana. What does the court's filed of "No action taken" mean after a motion has been filed by defendant?

 

[PayrollHRGuy]

It means the court has not taken action.

 

[quincy]

What is the name of your state? Indiana. What does the court's filed of "No action taken" mean after a motion has been filed by defendant?

"No action taken" is a court clerk's notation. It is noted when the court has not issued a decision or an order.

At times, a court cannot take action (for example, if the court does not have jurisdiction over the matter). At times, a court does not take action (for example, if a motion was filed late).

But the bottom line is as PayrollHRGuy said: The court did not take any action on the motion, for some reason unknown to us.

 

[bess]

"No action taken" is a court clerk's notation. It is noted when the court has not issued a decision or an order.

At times, a court cannot take action (for example, if the court does not have jurisdiction over the matter). At times, a court does not take action (for example, if a motion was filed late).

But the bottom line is as PayrollHRGuy said: The court did not take any action on the motion, for some reason unknown to us.

quincy, is there anyway to find out the reason?

 

[bess]

Is there a form or process that an incarcerated person on a criminal charge can file for an appeal to have the case overturned and thrown out on strong evidence of inefficient representation and biased/prejudiced state employees reports and court room actions, if the incarcerated person has missed the 30 day deadline of appeal after sentencing (hired lawyer withdrew before sentencing, left defendent with no advicement and distrust in all lawyers (sorry ) ?

 

[Just Blue]

Is there a form or process that an incarcerated person on a criminal charge can file for an appeal to have the case overturned and thrown out on strong evidence of inefficient representation and biased/prejudiced state employees reports and court room actions, if the incarcerated person has missed the 30 day deadline of appeal after sentencing (hired lawyer withdrew before sentencing, left defendent with no advicement and distrust in all lawyers (sorry ) ?

When was the inmate convicted? For what crime? When the attorney "withdrew" did the inmate request a new attorney?

 

[quincy]

Is there a form or process that an incarcerated person on a criminal charge can file for an appeal to have the case overturned and thrown out on strong evidence of inefficient representation and biased/prejudiced state employees reports and court room actions, if the incarcerated person has missed the 30 day deadline of appeal after sentencing (hired lawyer withdrew before sentencing, left defendent with no advicement and distrust in all lawyers (sorry ) ?

Are you the one incarcerated, bess?

It can be possible to petition the court for post conviction relief on various grounds, including ineffective assistance of counsel.

Was this already attempted once and the result was "no action taken?"

The one convicted will want an attorney to help with any petition, after the attorney has had the opportunity to personally review the case files to determine if the one convicted might be entitled to relief.

Here is a link to a good overview of post conviction relief from a 2014 conference of the Indiana Prosecuting Attorneys Council:
https://www.in.gov/ipac/files/Owen.Post_Conviction_Relief_Practice.pdf

The one currently incarcerated should seek legal assistance if s/he believes s/he was wrongfully convicted and has evidence that can support this belief.

Good luck.

 

[bess]

When was the inmate convicted? For what crime? When the attorney "withdrew" did the inmate request a new attorney?

6 person jury guilty verdict 5/18

Are you the one incarcerated, bess?

It can be possible to petition the court for post conviction relief on various grounds, including ineffective assistance of counsel.

Was this already attempted once and the result was "no action taken?"

The one convicted will want an attorney to help with any petition, after the attorney has had the opportunity to personally review the case files to determine if the one convicted might be entitled to relief.

Here is a link to a good overview of post conviction relief from a 2014 conference of the Indiana Prosecuting Attorneys Council:
https://www.in.gov/ipac/files/Owen.Post_Conviction_Relief_Practice.pdf

The one currently incarcerated should seek legal assistance if s/he believes s/he was wrongfully convicted and has evidence that can support this belief.

Good luck.

 

[bess]

Thank you so much! No it's not me, I'm a helper like you I thought maybe post conviction relief might be the way to go. What court should it be filed to, court where case was tried, district appeal court, supreme court, federal?

 

[quincy]

Thank you so much! No it's not me, I'm a helper like you I thought maybe post conviction relief might be the way to go. What court should it be filed to, court where case was tried, district appeal court, supreme court, federal?

The petition (3 copies) should be filed with the court clerk in the court where the case was tried. The clerk will send one copy to the prosecuting attorney.

If a public defender is being requested, an affidavit of indigency should be attached to the petition and a copy will be sent to the Public Defender's Office.

 

[bess]

Thank You!

 

[quincy]

Thank You!

You're welcome, bess. I appreciate the thanks.

Good luck to your friend.