Jerry L. McClure v. State of Indiana (mem. dec.) ( 2016 )

MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D),
this Memorandum Decision shall not be Feb 16 2016, 9:20 am
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
Jerry L. McClure
Pendleton, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Jerry L. McClure, February 16, 2016
Appellant-Petitioner, Court of Appeals Case No.
79A02-1501-PC-36
v. Appeal from the Tippecanoe
Superior Court
State of Indiana, The Honorable Thomas H. Bush,
Appellee-Respondent. Judge
Trial Court Cause No.
79D02-1408-PC-9
Najam, Judge.
Statement of the Case
[1] Jerry L. McClure appeals the post-conviction court’s summary dismissal of his
petition for post-conviction relief. McClure purports to raise four issues for our
review, but he did not file a Record on Appeal or a transcript from his guilty-
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plea hearing or any other hearings before the trial and post-conviction courts.
Absent any record to review, we are obliged to dismiss McClure’s appeal.
Facts and Procedural History
[2] According to McClure’s statements in his brief on appeal, in 2006 he pleaded
guilty to robbery and habitual offender charges. Thereafter, in 2014, he filed a
petition for post-conviction relief, which the trial court summarily dismissed.
This appeal ensued.
Discussion and Decision
[3] McClure appeals the post-conviction court’s summary dismissal of his petition
for post-conviction relief and purports to raise four issues for our review.
However, McClure has not filed a transcript of any proceedings in either the
trial court or post-conviction court nor a Record on Appeal. As our appellate
rules make clear, the Record on Appeal “shall consist of the Clerk’s Record and
all proceedings before the trial court . . . .” Ind. Appellate Rule 2(L). The
Clerk’s Record “shall consist of the Chronological Case Summary (CCS) and
all papers, pleadings, documents, orders, judgments, and other materials filed in
the trial court . . . or listed in the CCS.” App. R. 2(E). And the Appellant’s
Appendix in a post-conviction appeal
shall contain . . . copies of the following documents, if they exist:
(a) the Clerk’s Record, including the [CCS]; . . .
***
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(d) any other short excerpts from the Record on Appeal . . . that
are important to a consideration of the issues raised on appeal;
[and]
(e) any record material relied on in the brief unless the material is
already included in the Transcript . . . .
App. R. 50(B)(1). Moreover, our appellate rules on the arrangement and
contents of briefs require parties to support factual assertions “by page reference
to the Record on Appeal or Appendix” and to support argument with “citations
to the . . . Appendix or parts of the Record on Appeal relied on . . . .” App. R.
46(A)(6)(a), (8)(a).
[4] We cannot review a record that has not been submitted.1 In light of the
deficiencies discussed, we must dismiss McClure’s appeal. See, e.g., Galvan v.
State, 877 N.E.2d 213, 216 (Ind. Ct. App. 2007).
[5] Dismissed.
Riley, J., and May, J., concur.
1
Of course, it is of no moment that McClure proceeds pro se. “[A] pro se litigant is held to the same
standards as a trained attorney and is afforded no leniency simply by virtue of being self-represented.”
Zavodnik v. Harper, 17 N.E.3d 259, 266 (Ind. 2014).
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