People v. English
Annotate this Case
The Supreme Court affirmed the judgment of the appellate court dismissing Petitioner's appeal from the denial of his motion for leave to file a successive postconviction petition under the Post-Conviction Hearing Act, holding that the notice of appeal filed by Petitioner was untimely.
Petitioner was found guilty of first degree murder and other crimes and sentenced to seventy years' imprisonment for murder. Petitioner later filed the pro se motion for leave to file the successive postconviction petition at issue on appeal, arguing that his sentence was unconstitutional. The trial court denied the motion. Defendant filed a notice of appeal in the circuit court that was file-stamped on September 10, 2020, but the envelope containing the notice of appeal had a postage meter stamp dated September 1, 2020. The appellate court concluded that the postage meter stamp was insufficient to prove that Petitioner mailed his notice of appeal before the deadline. The Supreme Court affirmed, holding that the sole means of establishing the "time of mailing" under Rule 373 in the case of a pro se incarcerated litigant is by certification as described in Ind. R. Civ. P. 12(b)(6).
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.