James E. Saylor, Appellant,
Allan W. Reid, Appellee
from the Jefferson Superior Court Trial Court Cause No.
39D01-1806-CT-562 The Honorable Michael J. Hensley, Special
Appellant Pro Se James E. Saylor Carlisle, Indiana
Appellee Pro Se Allan W. Reid Zionsville, Indiana
James E. Saylor appeals the trial court's grant of
attorney Allan Reid's motion to dismiss. Saylor raises
one issue which we revise and restate as whether the trial
court erred by granting Reid's motion. We affirm.
and Procedural History
Saylor was convicted of molesting his stepdaughter, pled
guilty to being an habitual offender, and was sentenced to
138 years. Saylor v. State, 55 N.E.3d 354, 357
(Ind.Ct.App. 2016), reh'g denied, trans.
denied. At some point, Saylor paid Attorney Reid $5,
On April 15, 2014, Saylor filed a petition for
post-conviction relief in the Jefferson Circuit Court under
cause number 39C01-1404-PC-315, and raised numerous issues,
including that his trial counsel was ineffective for
conceding his guilt to two counts of class A felony child
molesting during closing argument and that his guilty plea to
the habitual offender charge was not knowing, voluntary, and
intelligent because he did not personally waive his right to
a jury trial. On its final page, the petition states:
"Petitioner has retained an attorney to represent him in
this proceeding. Allan W. Reid, 155 E Market Street,
Indianapolis, Indiana, 46204." Id. at 17. That
same page includes a line for "Signature of
Petitioner" at the end of the facts in support of the
petition. Id. at 17. A handwritten "James E.
Saylor / ar" is written above the signature line.
Id. The following appears under that signature:
State of Indiana)
County of Johnson)
I, James E. Saylor, being duly sworn upon my oath, depose and
say that I have subscribed to the foregoing petition; that I
know the contents thereof; that it includes every ground
known to me for vacating, setting aside or correcting the
conviction and sentence attacked in this motion; and that the
matters and allegations therein set forth are true.
Id. Under the foregoing, another signature line
appears with a handwritten "James E. Saylor / ar."
Id. The signatures on the petition were notarized by
Reid's paralegal naming James E. Saylor as the signatory
and the notarization was dated April 8, 2014.
The post-conviction court denied Saylor's petition. 55
N.E.3d at 358. On appeal, we vacated his habitual offender
adjudication and remanded for a new trial with respect to the
habitual offender allegation because he did not personally
waive his right to a jury trial when he pled guilty to being