No. 25A449

Kerry E. Silvers v. Indiana

Lower Court: Indiana
Docketed: 2025-10-17
Status: Application
Type: A
Tags: appellate-procedure criminal-procedure indiana-supreme-court legal-standards post-conviction-relief retroactive-law
Key Terms:
DueProcess HabeasCorpus CriminalProcedure Jurisdiction
Latest Conference: N/A
Question Presented (AI Summary)

Whether the Indiana Court of Appeals improperly applied retroactive legal standards in denying a post-conviction relief petition by failing to adhere to the law in effect at the time of the underlying criminal transgression

Question Presented (from Petition)

and undersigned Applicant’s need for additional time to prepare a Petition that will assist this Court in deciding whether to grant certiorari on a matter of substantial Public Interest. 13. This case concerns a final Judgment of an Indiana Appeals Court that Affirmed Applicant Silvers’ denial of his PCR Petition, doing so in conflict of this Honorable Court’s Precedents, to wit: failure to comply with an Indiana Rule of Appellate Procedure. 14. However, said Doctrinal Rule—that the law in effect at the time a criminal transgression is committed—is not firmly or regularly followed;8 leaving the 8 See, e.g., Dennis v. State, 908 N.E.2d 209, 211 (Ind. 2009) (A defendant's sentences are governed by the law in effect at the time of his crimes) (citing Jacobs v. State, 835 N.E.2d 485, 491 n.7 (Ind. 2005)); State v. Hernandez, 910 N.E.2d 213, 215-217 (Ind. 2009) (holding that Indiana law in effect at the time of Hernandez's crimes dictated that he was not eligible to be considered for parole absent executive clemency); Johnston v. Dobeski, 789 N.E.2d 121,

Docket Entries

2025-10-20
Application (25A449) granted by Justice Barrett extending the time to file until December 12, 2025.
2025-09-20
Application (25A449) to extend the time to file a petition for a writ of certiorari from October 13, 2025 to December 12, 2025, submitted to Justice Barrett.

Attorneys

Kerry E. Silvers
Kerry E. Silvers — Petitioner
Kerry E. Silvers — Petitioner