Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Saylor v. Reid

Court of Appeals of Indiana

September 10, 2019

James E. Saylor, Appellant,
v.
Allan W. Reid, Appellee

          Appeal from the Jefferson Superior Court Trial Court Cause No. 39D01-1806-CT-562 The Honorable Michael J. Hensley, Special Judge.

          Appellant Pro Se James E. Saylor Carlisle, Indiana

          Appellee Pro Se Allan W. Reid Zionsville, Indiana

          Brown, Judge.

         [¶1] 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.

         Facts and Procedural History

         [¶2] 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, 000.

         [¶3] 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)
) SS:
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.

         [¶4] 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 an ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.