James D. Huffman v. State of Indiana (mem. dec.) ( 2015 )

MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D), this Mar 30 2015, 9:51 am
Memorandum Decision shall not be regarded as
precedent or cited before any court except for the
purpose of establishing the defense of res judicata,
collateral estoppel, or the law of the case.
APPELLANT PRO SE
James D. Huffman
Carlisle, Indiana
IN THE
COURT OF APPEALS OF INDIANA
James D. Huffman, March 30, 2015
Appellant-Petitioner, Court of Appeals Case No.
49A04-1409-CR-443
v. Appeal from the Marion Superior
Court
State of Indiana, The Honorable Jeffrey L. Marchal,
Commissioner
Appellee-Respondent
Cause No. 49G06-0302-MR-026239
Mathias, Judge.
[1] James D. Huffman (“Huffman”), pro se, filed a motion in Marion Superior
Court requesting that the trial court order his former trial counsel to produce
certain documents from criminal proceedings, which resulted in his conviction
for murder. The trial court denied the motion. Huffman appeals and argues that
the trial court was required to grant his motion pursuant to Indiana Code
section 33-43-1-9.
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[2] We affirm.
Facts and Procedural History
[3] In 2003, Huffman pleaded guilty in Marion Superior Court to murdering his
former girlfriend and her new boyfriend. He was ordered to serve an aggregate
sentence of 130 years in the Department of Correction. Huffman’s sentence was
affirmed on direct appeal. See Huffman v. State, 825 N.E.2d 1274 (Ind. Ct. App.
2005), trans. denied.
[4] On some date prior to June 13, 2008, Huffman requested certain documents
from the Marion County Public Defender Agency’s case file. Huffman received
a letter dated June 13, 2008, from the Public Defender with copies of the
requested documents. The letter also informed Huffman that he had all of the
documents from the Public Defender’s file. Appellant’s App. p. 7.
[5] On December 18, 2013, Huffman requested certain documents from the Marion
County Prosecutor’s Office. The Prosecutor’s Office denied Huffman’s request
and stated: “The items that you have requested from 49G06-0302-MR-026239
were previously provided to you via your defense counsel, David Shircliff,
while the case was pending. The Marion County Prosecutor’s Office is not
required to nor will it provide copies of these documents to you again.” Id. at 8.
[6] On August 26, 2014, Huffman filed a pro se “Motion to Order Counsel to
Produce Specific Documents from Attorney File.” Huffman acknowledged that
the Public Defender had produced certain requested documents but stated that
he had not received: 1) the search warrant for the Yucatan Drive property, 2)
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his arrest warrant, 3) transcripts or audio of a recorded call with Eric Murphy,
4) crime lab video, 5) 911 transcripts or audio of a recorded call on February 14,
2003, and 6) records for phone number 317-786-5240.
[7] The certificate of service states that Huffman’s motion was only served on the
Marion County Prosecutor’s Office. Huffman’s motion was denied the same
day it was filed. Huffman appeals pro se.1
Discussion and Decision
Citing Indiana Code section 33-43-1-92 and Johnson v. State, 762 N.E.2d 222
(Ind. Ct. App. 2002), Huffman argues that the trial court lacked discretion to
deny his motion. Indiana Code section 33-43-1-9 provides:
If, on request, an attorney refuses to deliver over money or
papers to a person from whom or for whom the attorney has
received them, in the course of the attorney's professional
employment, the attorney may be required, after reasonable
notice, on motion of any party aggrieved, by an order of the court
in which an action, if any, was prosecuted or if an action was not
prosecuted, by the order of any court of record, to deliver the
money or papers within a specified time, or show cause why the
attorney should not be punished for contempt.
See also Johnson, 762 N.E.2d at 223 (concluding that the trial court erred when it
denied the defendant’s motion to compel production of documents from his
former appellate counsel); Ind. Prof. Cond. R. 1.16(d).
1
Huffman identified the State of Indiana as the Appellee in this case. The Attorney General filed a Notice of
Non-Involvement asserting that it is a stranger to the issues presented in this appeal.
2
Indiana Code section 33-43-1-9 was formerly codified at Indiana Code section 33-21-1-9.
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[8] Huffman correctly cites to the applicable statute and case law to support his
argument. However, after reviewing his motion to compel, we conclude that
Huffman failed to serve his former counsel, i.e., the Marion County Public
Defender Agency, with a copy of his motion. See Appellant’s App. pp. 3-6.
[9] We therefore affirm the trial court’s denial of Huffman’s motion to compel. See
Ind. Trial Rule 4(A) (“The court acquires jurisdiction over a party or person
who under these rules commences or joins in the action, is served with
summons or enters an appearance, or who is subjected to the power of the court
under any other law”) (emphasis added); see also Evans v. State, 809 N.E.2d 338,
344 (Ind. Ct. App. 2004), trans. denied (citing Wright v. State, 772 N.E.2d 449,
463 (Ind. Ct. App. 2002)) (stating that pro se litigants are held to the same
standard as trained counsel, and must follow all procedural rules).
[10] Affirmed.
May, J., and Robb, J., concur.
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