Terre Haute, IN asked in Criminal Law and Appeals / Appellate Law for Indiana

Q: if a sentence is vacated by the Supreme court and mandated to be expedited back to the circuit court and the circuit co

the circuit court is ignoring the ruling. this was done on May 4 2021. so that the defendant could possibly get some relief from the prison sentence. The states attorney was called and asked why they were not getting the defendant back in court for this ruling, he said it's the defendant's case against them, and it is their responsibility to take it to court. That makes no sense. the defendant has been released since this ruling but still on parole. the case has yet to go to court. what can be done at this point?

1 Lawyer Answer
Charles William Michaels
Charles William Michaels
  • Appeals & Appellate Lawyer
  • Columbia, MD

A: First, I am not an Indiana lawyer. But I suggest sending a letter or posting a pleading for the trial court, to get things moving.

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