# Greer v. State

> Indiana Court of Appeals · October 15, 1996 · 669 N.E.2d 751

URL: https://www.frixlaw.com/law-library/cases/9715494

## Case

- **Full name:** Michael D. GREER, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff
- **Court:** Indiana Court of Appeals
- **Decided:** October 15, 1996
- **Citations:** 669 N.E.2d 751
- **Precedential status:** Published
- **Opinion:** Dissent by Hoffman
- **Judges:** Garrard, Sullivan, Hoffman
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Vacated by Greer v. State, 1997 Ind. LEXIS 161 (1997).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9715494

## Opinion text

HOFFMAN, Judge,
dissenting.
I respectfully dissent. As noted by the majority, leave to file a belated praecipe is permitted only when a direct appeal is taken from a conviction. I do not agree that the decision in Byrd v. State, 592 N.E.2d 690, 691-692 (Ind.1992) is controlling. Byrd was decided in 1992 prior to the rule change. The version of the rule in effect at the time *762 Byrd was decided did not confine consideration to appeals from convictions. The appeal from a probation violation is not a direct appeal from a conviction.
The State could not waive the right to contest jurisdiction, where as here the rule does not confer any jurisdiction. The timely filing of a praecipe is a jurisdictional matter and an absolute precondition to an appeal. Board of Com'rs of Lake County v. Foster, 614 N.E.2d 949, 950 (Ind.Ct.App.1993). The failure to timely file the praccipe is fatal to Greer's purported appeal from a probation violation. I would dismiss the appeal.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9715494. Public record. Not legal advice.