Indiana Appellate Court Punishes Me for Trial Clerk's Mistake

Just when you think it couldn't get any dumber, the Indiana Court of Appeals deems my Appellant Brief and Appendix untimely because the Dearborn Superior Court II screwed up again. On February 5, 2018, I filed my appellant brief and appendices with the Indiana Court of Appeals. On February 12, 2018, the Clerk of the Indiana Court of Appeals filed two notices in my appeal: a Notice of Defect re: untimely Appellate Brief, and a Notice of Defect re: untimely Appendix from the Indiana Supreme Court stating,

The Clerk’s Office has received your Appellant's Brief [and Appendix] tendered on 02/05/18, for filing in the above-referenced appeal. Your document has not been filed because it has been tendered after its due date. See Appellate Rule 45(B).

I checked Appellate Rule 45(B):

Appellant's Brief. The appellant's brief shall be filed no later than thirty (30) days after: (a) the date the trial court clerk or Administrative Agency serves its Notice of Completion of Clerk's Record on the parties pursuant to Appellate Rule 10(C)

So, then I checked Appellate Rule 10(C):

C. Notice of Completion of Clerk's Record. On or before the deadline for assembly of the Clerk's Record, the trial court clerk or Administrative Agency shall issue and file a Notice of Completion of Clerk's Record with the Clerk and shall serve a copy on the parties to the appeal in accordance with Rule 24 to advise them that the Clerk's Record has been assembled and is complete.

And then I checked Appellate Rule 24:

24(C). Manner and Date of Service. All E-Filed documents will be deemed served when they are electronically served through the IEFS in accordance with Rule 68(F)(I). Documents exempted from E-Service will be deemed served when they are: (2) deposited in the United States Mail, postage prepaid

The Case Summary of my appeal on the website of the Indiana Supreme Court provides the following as to when the Notice of Completion of Clerk’s record was filed: “File Stamp 01/04/18.” I called the clerk for the Indiana Court of Appeals to get a grasp on the logic. The woman explained my filings were untimely because my 30-day time frame to file my appellant brief and appendix began on 01/03/18; the date listed on the Notice of Completion of Clerk’s Record and attached Certificate of Service filed by Rick Probst, Clerk of the Dearborn Superior Court II:

I certify that on January 03, 2018, I served a copy of this document upon the following person(s) by MAIL.

The certificate of service listed the Office of the Indiana Attorney General, Daniel Brewington, and Clerk of the Appellate Court as recipients of the clerk’s Notice. The problem is Probst failed to mail the Notice until the day after the date Probst certified the Notice as being mailed and served.

Appellate Rule 25 states the computation of time for deadlines begins on the day following an order or applicable act. Thirty days after the January 4^th filing of the Notice of Completion landed on Saturday February 3, 2018, which advances the deadline to the following business day; Monday February 5, 2018. When I called the Clerk of the Indiana Court of Appeals, she said I missed the deadline.

The woman claimed I should have begun computation of time from the date stamped on the trial clerk’s Notice, not the date shown as being filed with the Indiana Supreme Court/Court of Appeals. After inquiring as to why the Clerk of the Appellate Courts showed the Notice as being filed on January 4^th She told me the Appellate Court filing date was dictated by the date of the postmark, which was January 4^th. She then suggested that Rick Probst may have been a day late mailing the Notice to the Court of Appeals. I told her both the Appellate Court and I were copied to the certificate of service and my envelope was also was post-marked January 4, 2018. The woman instructed me to be sure to include a copy of the postmarked envelope in my Motion to File a Belated Appeal.

“Belated Appeal?” I can’t make this up. I get punished because the Dearborn Superior Court II mailed the Notice of Completion the day after the date listed on the Certificate of Service. The Indiana Court of Appeals said my appellate filings were untimely claiming my computation of time began on the day before the Court could recognize the Notice as being filed. Seriously. “Documents exempted from E-Service will be deemed served when they are...deposited in the United States Mail.” The Notice of Completion of Clerk’s Record was postmarked January 4, 2018. The entry on the case summary from the Indiana Court of Appeals also includes a memo stating, “Certificate of Service-Mailed 01/03/18.” If the Notice was mailed on 01/03/18, the Court’s case summary would also show the Notice as being filed on 01/03/18. The absurdity of the situation is beyond comprehension:

The Indiana Rules of Appellate Procedure precluded the Indiana Supreme Court from file stamping the Notice of Completion of Clerk’s Record prior to the postmark date; however, the Court ruled my Appellant Brief and Appendix were untimely because I should have recognized that the computation of time started the day before the Supreme Court could recognize the Notice as being filed.

There really are no words. I guess I’ll just keep fighting the good fight and file what I need to file. Stay tuned for more information.

Indiana Chief Deputy AG Faces Scrutiny for Violating Federal Law

The State of Indiana retaliated against me for criticizing the Indiana Court System. Here’s the common-sense analysis: If my conduct had any resemblance of being criminal, why did former Dearborn County Prosecutor F. Aaron Negangard instruct the trial jury to return guilty verdicts claiming I violated the Indiana Rules of Professional Conduct for attorneys?

“As to Count II, Intimidation of a Judge, that is more serious because it involves a Judge but because it involves a Judge, we do need to look at the first amendment issues because you are allowed to criticize judges. Right? I mean, I'm not. Defense counsel's not because we are attorneys. But remember he says he's acting like an attorney so we should treat it as he's acting like an attorney. Well if he's acting like an attorney, then he needs to accountable like an attorney. He could hire his own attorney but he didn't. So you know and he has to suffer the consequences." -Closing arguments by F. Aaron Negangard Trial transcripts page 515 (Appellant Appendix 22)

There is no such criminal law. Negangard made it up. The false ground for prosecution would normally warrant a mistrial or be grounds for vacating the convictions on appeal. Indiana officials continue to make excuses in rationalizing why my convictions are constitutional, while ignoring the conduct of Chief Deputy Negangard. My consequences for criticizing judges while “acting like an attorney” were nothing like those described in the Indiana Rules of Professional Conduct. My consequences include serving a 2.5-year prison sentence and living with the label of being a convicted felon. Negangard’s actions are a federal crime. A prosecutor cannot convene a grand jury and prosecute someone for a non-existent crime to punish someone for protected speech. Doing so is a violation of 18 U.S. Code § 242 - Deprivation of rights under color of law.

F. Aaron Negangard is now Chief Deputy to Indiana Attorney General Curtis Hill. Indiana Attorney General Curtis Hill has personally signed on to represent the State of Indiana in my appeal of Negangard’s unconstitutional prosecution. The above statement and many other ridiculous arguments by Chief Deputy Negangard appear in my Appellant Brief and attached appendices filed with the Indiana Court of Appeals. These filings prove both Attorney General Hill and the Indiana courts are fully aware of Negangard’s criminal conduct. Even an argument against Negangard’s conduct being criminal requires a contention that Negangard simply made up the argument to confuse the jury to obtain convictions, which is both unconstitutional and an act of malicious prosecutor misconduct. The Indiana courts continue to ignore Negangard’s conduct and now Indiana Attorney General Curtis Hill has signed on to help detract attention from a federal crime committed by his own chief deputy. Negangard even admitted my prosecution was not about the victims, as Negangard stated the prosecution was to prevent me from “perverting” the Indiana judicial system.

Stay tuned for updates. The office of Attorney General Curtis Hill is also representing the Dearborn Superior Court II in my lawsuit seeking grand jury audio. I filed the lawsuit after discovering portions of the grand jury transcript and grand jury audio do not match; the same transcript that formed the basis of Negangard’s prosecution against me. If the Indiana Court System and Indiana Attorney General Curtis Hill continue to cover-up potential federal crimes committed by Chief Deputy Attorney General F. Aaron Negangard, I’m going to make sure that the public knows about it.  

Indiana Attorney General Curtis Hill to Defend Civil Rights Violations

The State of Indiana offers a post-conviction remedy to “[a]ny person who has been convicted of, or sentenced for, a crime by a court of this state, and who claims that the conviction or the sentence was in violation of the Constitution of the United States or the constitution or laws of this state. I filed a petition for Post-conviction but Judge W. Gregory Coy summarily denied my petition. In an order lacking any foundation in law, Judge Coy ruled there was no factual basis to any of my 20 claims, granted summary judgment in favor of the State (in spite of the State arguing summary judgment was not available), and dismissed my entire petition without hearing. On 02/05/2018, I filed my appellant brief and supporting appendices in the appeal of Judge Coy’s ruling.

Indiana Courts continue to ignore the fact I had no assistance of counsel in preparing for trial and how no one would explain what illegal acts were responsible for my indictments and convictions. Complicating matters is the prosecutor in my trial is now Chief Deputy to Indiana Attorney General Curtis T. Hill. Attorney General Hill has taken on the case himself on behalf of the State and on behalf of the personal interests of his chief deputy, F. Aaron Negangard.

The evidence clearly demonstrates that the prosecution by Negangard was an illegal act to punish my critical speech directed at Dearborn County court officials, under the guise of a grand jury investigation and criminal prosecution. Negangard admitted to such in his closing arguments to the trial jury:

“I submit to you that that is not a judicial system we want. That's what this case is about. It isn't about Judge Humphrey. It isn't about Dr. Connor. It is about our system of justice that was challenged by Dan Brewington and I submit to you that it is your duty, not to let him pervert it, not to let him take it away and it happens if he's not held accountable.” Tr. 504-505 -Indiana Chief Deputy Attorney General F. Aaron Negangard.

These are Negangard’s statements. This is a federal crime. Negangard admitted the purpose of obtaining grand jury indictments and criminal convictions were just a means to stop me from perverting the Indiana’s system of justice. Negangard made up crimes to prosecute me for speech Negangard did not like. There were no objections by the trial judge or my public defender, only supporting the fact that they had no interest in protecting me from Negangard’s malicious prosecution. Adding fuel to the malicious prosecutorial fires were the allegations by deputy prosecutor Joeseph Kisor. During closing arguments, Kisor told the trial jury that I could potentially murder someone in the courtroom during trial with a .357 Magnum handgun:

“Would you be afraid if you knew right now, based on what you've seen and what you've heard, the distorted thinking, the almost maniacal attacks that he will go, the steps he will go to, to attack people. Would you be afraid if you knew and I hope to God he doesn't but if he had a .357 in his pocket right now, would you be in a little bit of fear? Man, I would.” Tr. 451 -Deputy Prosecutor Joeseph Kisor.

These are acts of official misconduct that Indiana Attorney General Curtis T. Hill seeks to defend. Negangard admitted to such. There is no other side of the story. Any claim that Negangard’s statements were rhetoric meant to inflame the passions of the jury is still an allegation of misconduct:

“[I]t is misconduct for a prosecutor to request the jury to convict a defendant for any reason other than his guilt or to phrase final argument in a manner calculated to inflame the passions or prejudice of the jury.” Neville, 976 N.E.2d at 1264

Judge Coy lied in his contention there was no factual basis to my claim. Chief Deputy Attorney General F. Aaron Negangard doesn’t shy away from retaliating against people under color of law. Now Negangard’s boss, Indiana Attorney General Curtis Hill has accepted the task of covering up Chief Deputy Negangard’s misconduct, while arguing that the Indiana Court of Appeals should uphold my unconstitutional convictions.

Stay tuned for more information.