Koenig v. State

Summary

The Indiana Supreme Court granted transfer and remanded the appeal for reinstatement after the State first argued that the appellant should pursue a belated appeal and later moved to dismiss that belated appeal for lack of diligence. The court held that the State’s inconsistent actions and failure to object to the motion for leave warranted vacating the dismissal and directing the Court of Appeals to hear the appeal on the merits.

Holdings

1. The State's inconsistent actions and failure to object to Koenig's motion for leave to file a belated notice of appeal warranted reinstatement of the appeal; the State could not obtain dismissal on the diligence ground after inducing and permitting the belated-appeal procedure to proceed.

Questions Presented

1. Whether the State's inconsistent conduct and failure to object when Koenig sought and obtained permission to file a belated notice of appeal barred the State from later seeking dismissal of that appeal for lack of diligence.
2. Whether the Court of Appeals erred by dismissing the belated appeal after the State had invited the procedural course and allowed the appeal to proceed.

Disposition

remanded