Legal Opinion

Darby v. State

Indiana Court of Appeals

Decided April 19, 2012No. 45A04-1106-CR-318Published

1Opinion of the Court

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

Linda G. Darby appeals the trial court’s denial of her petition to file a belated notice of appeal.

We affirm.

ISSUE

Whether the trial court abused its discretion in denying Darby’s petition.

FACTS

On September 24, 1970, a jury convicted Darby of murdering her husband, and on October 1, 1970, the trial court sentenced Darby to life imprisonment. On November 28, 1970, Darby filed a motion to correct error, which the trial court denied on August 4, 1971. Subsequently, the trial court granted Darby’s request that it appoint appellate counsel; however, no…

2Cases cited5 opinions

  1. Evolga v. StateIndiana Supreme Court · 1988
  2. Lewis v. StateIndiana Supreme Court · 1978
  3. Cruite v. StateIndiana Court of Appeals · 2006
  4. Prater v. StateIndiana Supreme Court · 1984
  5. George v. StateIndiana Court of Appeals · 2006

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