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  1. m00c0w

    Abby & Libby - The Delphi Murders - Richard Allen Arrested - #188

    The wording wouldn't reflect it because it's irrelevant to the denial. The CAO is explaining why he's denying the motion, not litigating the entire thing and tacking on "oh and it's denied" at the end. In the instances you've noted, the CAO is simply stating the judge failed to issue a ruling...
  2. m00c0w

    Abby & Libby - The Delphi Murders - Richard Allen Arrested - #188

    I'm not pretending anything. I'm saying the CAO never made a ruling as to the judge's actions or lack thereof, so we have no idea what the CAO would have ultimately done if the defense had filed the motion properly in the first place. There are potential affirmative defenses to why she never...
  3. m00c0w

    Abby & Libby - The Delphi Murders - Richard Allen Arrested - #188

    If she felt the repetitive franks motions were repetitive motions, she is allowed to miss the deadline, and she is not required to file anything in response: Trial Rule 53.1: "The time limitation for ruling on a motion established under Section (A) of this rule shall not apply where: [...] (4)...
  4. m00c0w

    Abby & Libby - The Delphi Murders - Richard Allen Arrested - #188

    No, he is being charged with what is ordinarily known as felony murder (paragraph 2 of the code cited below). During the commission of a felony (kidnapping in this instance), two girls died. He is therefore responsible for their death. They don't have to prove he actually killed them, or that he...
  5. m00c0w

    Abby & Libby - The Delphi Murders - Richard Allen Arrested - #188

    Could be. She could also be a secret Odinist covering for her friends. Lots of possibilities, but the defense can't seem to get it together to actually do something about it. JMO
  6. m00c0w

    Abby & Libby - The Delphi Murders - Richard Allen Arrested - #188

    <modsnip: Quoted post was removed> Let's say you have a "lazy journalist" rule at your job that says you have to post a tweet within 30 hours of an event, except if you get COVID. Three events happen. You have COVID during those three events. Your colleague that doesn't like you files a...
  7. m00c0w

    Abby & Libby - The Delphi Murders - Richard Allen Arrested - #188

    Because I’m not in her head to know exactly what she’s thinking or why she does anything she does. However, it makes sense that she would believe these to be repetitive motions since they were pretty… repetitive.
  8. m00c0w

    Abby & Libby - The Delphi Murders - Richard Allen Arrested - #188

    <modsnip: Quoted post was removed> I understand the concept of the lazy judge law. They never affirmed she had a duty to meet the deadline in the first place. That’s my whole point. She’s not a “lazy judge” if she didn’t have to respond to the motions to begin with, and we ultimately don’t know...
  9. m00c0w

    Abby & Libby - The Delphi Murders - Richard Allen Arrested - #188

    I frankly (pun not intended) have no idea if she goofed or not. I can see the presumed argument from her side that the defense was just filing repetitive motions, so she did not have to really acknowledge them. I can see the defense’s side that they believe their motions were not repetitive. I...
  10. m00c0w

    Abby & Libby - The Delphi Murders - Richard Allen Arrested - #188

    There is literally a mechanism in the IN trial rules that allows the judge to never issue formal rulings on repeat motions (rule 53.4). This would be why repeat motions are excepted from the 30 day deadline under 53.1. The CAO never got far enough into this to determine if she "failed" or not...
  11. m00c0w

    Abby & Libby - The Delphi Murders - Richard Allen Arrested - #188

    I think the part of the article you quoted doesn't say what you think it says. The CAO agreed that she had missed deadlines that could lead to her removal from the case. I also agree. What was not ruled on was whether or not the judge actually erred in missing the deadlines. The CAO didn't even...
  12. m00c0w

    Abby & Libby - The Delphi Murders - Richard Allen Arrested - #188

    That's the thing - they did not say she was wrong. There was no affirmation or holding of any wrongdoing. There were just statements of fact regarding the timeline, and that the entire thing was moot because the defense apparently kept waiving their rights as per some case law that was cited...
  13. m00c0w

    Abby & Libby - The Delphi Murders - Richard Allen Arrested - #188

    No one here, but I have seen people lamenting about how corrupt the system is because of this ruling. JMO
  14. m00c0w

    Abby & Libby - The Delphi Murders - Richard Allen Arrested - #188

    They did not… they never ruled on the merits of any of it because it was irrelevant. The motion wasn’t valid to begin with. The verbiage of the rule is that the judge “may” be removed, and there are many exceptions to the rule. All the court did was point out that instead of continuing to file...
  15. m00c0w

    Abby & Libby - The Delphi Murders - Richard Allen Arrested - #188

    Man, I can’t believe the SCOIN is also corrupt and conspiring against RA. Those Odinists sure do have some power in Indiana. JMO!
  16. m00c0w

    Abby & Libby - The Delphi Murders - Richard Allen Arrested - #188

    She absolutely kept qualifying her opinions as that of a professional social worker. This isn’t a law, it’s the code of ethics for the national association. NC does have similar ethical guidelines in their regulations, though. She is licensed by the state of NC and has to abide by the same...
  17. m00c0w

    Abby & Libby - The Delphi Murders - Richard Allen Arrested - #188

    Anyone can provide an opinion, yes. However, that’s not quite what she is alleged to have done. She made several comments prefaced by “as a mental health professional”, or equivalent appeal to authority. This is at odds with the NASW code of ethics, specifically 4.06: (a) Social workers should...
  18. m00c0w

    Abby & Libby - The Delphi Murders - Richard Allen Arrested - #188

    She is an associate licensed clinical social worker. She does not have her full license, and is working towards getting it while practicing under the supervision of an experienced LCSW. I’m not sure they’ll cancel her for her remarks about the families, but might for some of the comments she...
  19. m00c0w

    Abby & Libby - The Delphi Murders - Richard Allen Arrested - #188

    If that is true, I look forward to seeing a quick filing of charges against the alleged hacker, since that would be trivial to prove. If he inappropriately accessed an account to gain this information, that's just as bad (if not worse) than some of the things being accused of some of the defense...
  20. m00c0w

    Abby & Libby - The Delphi Murders - Richard Allen Arrested - #188

    If he violated the protective order, he should be held in contempt as would be the usual remedy for such things. I hope the defense is able to get their people and associates under control, for RA's sake. JMO

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