Abby & Libby - The Delphi Murders - Richard Allen Arrested - #185

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For anyone curious about how long an Indiana judge has to make a ruling:


(A) Time limitation for ruling. In the event a court fails for thirty (30) days to set a motion for hearing or fails to rule on a motion within thirty (30) days after it was heard or thirty (30) days after it was filed, if no hearing is required, upon application by an interested party, the submission of the cause may be withdrawn from the trial judge and transferred to the Supreme Court for the appointment of a special judge.(B) Exceptions. The time limitation for ruling on a motion established under Section (A) of this rule shall exclude any period after which the case is referred to alternative dispute resolution and until a report on the alternative dispute resolution is submitted to the court. The time limitation for ruling on a motion established under Section (A) of this rule shall not apply where:(1) The Court, within thirty (30) days after filing, orders that a motion be considered during the trial on the merits of the cause; or(2) The parties who have appeared or their counsel stipulate or agree on record that the time limitation for ruling on a motion shall not apply; or(3) The time limitation for ruling has been extended by the Supreme Court as provided by Section (D) of this rule; or(4) The ruling in question involves a repetitive motion, a motion to reconsider, a motion to correct error, a petition for post-conviction relief, or a ministerial post-judgment act.
 
Where IS Richard Allen being housed? He's no longer listed in the IDOC database.
Accused murderer John Lehman is being housed in Miami Correctional under a safekeeping order but he doesn't show up in the Indiana Dept. of Corrections website, either.
57C01-2302-MR-000001

I don't know if a person under a safekeeping order is considered an inmate of the institution.
 
Accused murderer John Lehman is being housed in Miami Correctional under a safekeeping order but he doesn't show up in the Indiana Dept. of Corrections website, either.
57C01-2302-MR-000001

I don't know if a person under a safekeeping order is considered an inmate of the institution.
Ok thanks. He was listed in there until just recently, about a week to a week and half ago.
 
from my notes:

Allen back (5/7/24) to Wabash Valley Correctional Facility.
Yes, then for about a day a week or so ago, he was listed twice, that one you mention and one other (RMA, same birthdate, race, height, weight, eye color) but that one said, "Released Own Recognisence". Now no RMA are listed on IDOC. Just trying to figure out what changed when he was always listed before
 
Yes, then for about a day a week or so ago, he was listed twice, that one you mention and one other (RMA, same birthdate, race, height, weight, eye color) but that one said, "Released Own Recognisence". Now no RMA are listed on IDOC. Just trying to figure out what changed when he was always listed before

Here's the complete notes for all transferred that I made a note of.

10/26/22 was arrested. Transferred to White County jail from Carroll County for security reasons. And was transferred (11/2/22) to IN. DOC at Westfield Correctional Facility at a more secure facility. Was awaiting transfer to Westville Correctional Facility but Judge Gull denied move (6/15/23). She plans to take the arguments under advisement & will make a ruling on whether or not he will be moved out of Westville at a later date. Judge Gull denied move (7/5/23). On 12/6/23 Allen was transferred from Westfield to Wabash Valley Correctional Facility (long term segregation). Allen was booked (5/6/24) into the Allen County Jail [for hearing on 5/7/24]. Allen back (5/7/24) to Wabash Valley Correctional Facility.
 
Deadline for Ruling on Motion. IN. Statute?
For anyone curious about how long an Indiana judge has to make a ruling:

(A) Time limitation for ruling. In the event a court fails for thirty (30) days to set a motion for hearing or fails to rule on a motion within thirty (30) days after it was heard or thirty (30) days after it was filed, if no hearing is required, upon application by an interested party, the submission of the cause may be withdrawn from the trial judge and transferred to the Supreme Court for the appointment of a special judge.(B) Exceptions. The time limitation for ruling on a motion established under Section (A) of this rule shall exclude any period after which the case is referred to alternative dispute resolution and until a report on the alternative dispute resolution is submitted to the court. The time limitation for ruling on a motion established under Section (A) of this rule shall not apply where:(1) The Court, within thirty (30) days after filing, orders that a motion be considered during the trial on the merits of the cause; or(2) The parties who have appeared or their counsel stipulate or agree on record that the time limitation for ruling on a motion shall not apply; or(3) The time limitation for ruling has been extended by the Supreme Court as provided by Section (D) of this rule; or(4) The ruling in question involves a repetitive motion, a motion to reconsider, a motion to correct error, a petition for post-conviction relief, or a ministerial post-judgment act.
@FrostedGlass
Deadline for Ruling on a Motion. IN. Statute?
As I just starting reading at post #20 here, not sure what motion ^ post ^ refers to.

The OP-linked rule (re "how long an Indiana judge has to make a ruling") is "Ind. R. Civ. P. 53.1. Rule 53.1 - Failure to Rule on Motion" * which explicitly governs IN. courts' CIVIL procedures.

Skimming thru IN. Rules of CRIMINAL Procedure** I did not see a rule specific to deadline to rule on motions but found this:
"Rule 1.1 - Scope of the Rules"***
"The Indiana Rules of Court, as well as all statutes governing procedure and practice in trial courts, apply to all criminal proceedings unless they conflict with these rules."

Sooo, seems the OP-linked "civil rule" may apply to (some) motions in a crim case.

imo jmo moo icbw
______________
* Rule 53.1 - Failure to Rule on Motion, Ind. R. Civ. P. 53.1 | Casetext Search + Citator

** Indiana Rules of CRIMINAL Procedure, listed at "Indiana Court Rules | Indiana Rules of Criminal Procedure | Casetext" include this:

*** Ind. R. Crim. P. 1.1
 
Last edited:
Deadline for Ruling on Motion. IN. Statute?
@FrostedGlass
Deadline for Ruling on a Motion. IN. Statute?
As I just starting reading at post #20 here, not sure what motion ^ post ^ refers to.

The OP-linked rule (re "how long an Indiana judge has to make a ruling") is "Ind. R. Civ. P. 53.1. Rule 53.1 - Failure to Rule on Motion" * which explicitly governs IN. courts' CIVIL procedures.

Skimming thru IN. Rules of CRIMINAL Procedure** I did not see a rule specific to deadline to rule on motions but found this:
"Rule 1.1 - Scope of the Rules"***
"The Indiana Rules of Court, as well as all statutes governing procedure and practice in trial courts, apply to all criminal proceedings unless they conflict with these rules."

Sooo, seems the OP-linked "civil rule" may apply to (some) motions in a crim case.

imo jmo moo icbw
______________
* Rule 53.1 - Failure to Rule on Motion, Ind. R. Civ. P. 53.1 | Casetext Search + Citator

** Indiana Rules of CRIMINAL Procedure, listed at "Indiana Court Rules | Indiana Rules of Criminal Procedure | Casetext" include this:

*** Ind. R. Crim. P. 1.1
That one came up repeatedly in my search. I'm sometimes wrong.
I can flag it to be removed.
 
That one came up repeatedly in my search. I'm sometimes wrong.
I can flag it to be removed.
@FrostedGlass
No, no, no, no need to flag.
Not saying your post is inaccurate.
Pls reread my post, as icbw.
IN. may have a specific CRIM rule re failure to rule on a motion, and I may have missed it.

Maybe one of our verified legal professionals will weigh in.
 
@FrostedGlass
No, no, no, no need to flag.
Not saying your post is inaccurate.
Pls reread my post, as icbw.
IN. may have a specific CRIM rule re failure to rule on a motion, and I may have missed it.

Maybe one of our verified legal professionals will weigh in.
I have no background in law and you sounded pretty smart. :)

I went here to try to find a better answer, which I still haven't.

Apparently that link covers all courts unless there is an exception like I see here:
Rule 16. Pre-trial procedure: Formulating issues
(A) When required--Purpose.
In any action except criminal cases,

I think this is helpful (Or maybe not) considering the amount of time it takes for JG to rule on some of the motions:
Rule 53.4. Repetitive motions and motions to reconsider; time for holding under advisement; automatic denial

(A) Repetitive motions and motions to reconsider ruling on a motion. No hearing shall be required upon a repetitive motion or upon motions to reconsider orders or rulings upon a motion. Such a motion by any party or the court or such action to reconsider by the court shall not delay the trial or any proceedings in the case, or extend the time for any further required or permitted action, motion, or proceedings under these rules.

(B) Effect of court’s delay in ruling upon repetitive motion or motion to reconsider ruling on a motion. Unless such a motion is ruled upon within five (5) days it shall be deemed denied, and entry of service of notice of such denial shall not be required. This Rule 53.4 does not apply to an original motion for judgment on the evidence under Rule 50 after the jury is discharged, to amend or make additional findings of fact under Rule 52(B), an original motion to correct errors under Rule 59, or for correction of relief from judgments under Rule 60 or to the original motions to the extent expressly permitted or expressly designated as extending time under these rules.
 
What were this 2 about? Anyone know?

05/02/2024Motion Filed
Motion to Enter Stipulated Protective Order
Filed By:
Allen, Richard M.
Filed By:
Indiana Department of Correction
File Stamp:
05/01/2024

05/07/2024Order Granting
Order granting Stipulated Protective Order
Judicial Officer:
Gull, Frances -SJ

Order Signed:
05/02/2024
 
What were this 2 about? Anyone know?

05/02/2024Motion Filed
Motion to Enter Stipulated Protective Order
Filed By:
Allen, Richard M.
Filed By:
Indiana Department of Correction
File Stamp:
05/01/2024

05/07/2024Order Granting
Order granting Stipulated Protective Order
Judicial Officer:
Gull, Frances -SJ

Order Signed:
05/02/2024
 
What were this 2 about? Anyone know?

05/02/2024Motion Filed
Motion to Enter Stipulated Protective Order
Filed By:
Allen, Richard M.
Filed By:
Indiana Department of Correction
File Stamp:
05/01/2024

05/07/2024Order Granting
Order granting Stipulated Protective Order
Judicial Officer:
Gull, Frances -SJ

Order Signed:
05/02/2024
DBM
 
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It's employment info but it doesn't mention the guards.
It refers to a subpoena duces tecum served on April 15, 2024.
Ok thanks. Seems it relates to the DOC. Could be guards, medical staff, something like that. Likely not a request for the resume of the prison chef. :)

 
What were this 2 about? Anyone know?

05/02/2024Motion Filed
Motion to Enter Stipulated Protective Order
Filed By:
Allen, Richard M.
Filed By:
Indiana Department of Correction
File Stamp:
05/01/2024

05/07/2024Order Granting
Order granting Stipulated Protective Order
Judicial Officer:
Gull, Frances -SJ

Order Signed:
05/02/2024
This says Filed By RA and By The IDOC - Not his attorneys. Weird.

JMO
 
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