FrostedGlass
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Thank you. I am a born and raised Indiana resident.@FrostedGlass
An interlocutory appeal would be filed directly with the appellate court (not sure if to criminal court of appeals or S.C. in Indiana). Defense would motion for, say, recusal, then Gull would have to make a final decision on it by order, then interlocutory appeal of the order. There must be an order by Gull, as the appellate court would deem the issue "not ripe" as attorneys call it. This means the issue hasn't yet become final and would require a court to make an advisory opinion on the matter, which courts won't entertain.
Here is more on the ripeness doctrine:
Ripeness Doctrine: Overview
www.law.cornell.edu
And here is how the process works in Oklahoma:
Interlocutory Appeals in Oklahoma: What, When and How - Oklahoma Bar Association
Oklahoma Bar Journal Interlocutory Appeals in Oklahoma: What, When and How By Chase McBride “An interlocutory order is an order which is not ‘final,’ does not culminate in a judgment [and] leaves the parties before the tribunal to try the issues on the merits...”1 An interlocutory appeal is an...www.okbar.org
I'll try to find some time to see about the process in Indiana for you, as I'm pretty sure it is your home state. Hope this helps!
Nick McLeland has another murder case out of Flora, IN. He asked for an IA in the trial court and was it granted.
Here's the trial court record: 08C01-2106-MR-000001
03/04/2024 | Motion Filed 2nd Motion to Certify Record for Interlocutory Appeal.pdf Filed By: State of Indiana |
03/06/2024 | Order Issued Order from February 22, 2024 hearing entered, per form. Judicial Officer: Hawkins, Troy M. Noticed: McLeland, Nicholas Charles Noticed: James, Lori S |
03/07/2024 | Order Issued Court grants State's 2nd Motion for Interlocutory Appeal. Further, all proceedings are stayed until the Court of Appeals makes a ruling on the appeal or until further Order of the Court. Defendant will continue to be held on the bond previously set by the Court until further notice, per form. Judicial Officer: Diener, Benjamin A. Noticed: McLeland, Nicholas Charles Noticed: James, Lori S |
Then came the answer from the Court of Appeals # 24A-CR-00627
03/13/2024 | Motion for Interlocutory Appeal Certificate of Service- Electronically Served 03/13/24 Attorney: Meilaender, Ellen Hope Party: State of Indiana |
04/12/2024 | Order Granting Motion for Interlocutory Appeal Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Verified Motion to Accept Jurisdiction over Discretionary Interlocutory Appeal is granted. 2. Appellant is ordered to comply with Appellate Rule 14(B)(3). 3. The Clerk of the Court is directed to send this order to the parties, the trial court, and the Carroll Circuit and Superior Courts Clerk. 4. The Carroll Circuit and Superior Courts Clerk is directed to file this order under Cause Number 08C01-2106-MR-1, and, pursuant to Indiana Trial Rule 77(D), the Clerk shall place the contents of this order in the Record of Judgments and Orders. Riley, Vaidik, JJ., Robb, Sr.J., concur. Judicial Officer: Altice, Robert R. Party: State of Indiana Serve: Brooks-Brown, Shianne Serve: Rokita, Theodore Edward Serve: Meilaender, Ellen Hope Serve: Trial Clerk 08 - Carroll Serve: Diener, Benjamin Asher Serve: James, Lori S File Stamp: 04/12/2024 |