Looks like an interlocutory appeal has been made today to the Supreme Court of IN for a writ of mandamus. JMO but I assume this means it's requesting the higher court to review the judge's actions on removing RA's desired counsel and possibly to re-instate them.
IN - Abby & Libby - The Delphi Murders - Richard Allen Arrested - #169
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MT MT - Danette Tenas, 54, Lake County, 8 Oct 2024
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FrostedGlass
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I just saw it, too.
State of Indiana ex rel. Richard M. Allen, et al. v. Carroll Circuit Court, et al.
| Case Number | 23S-OR-00302 |
| Court | Supreme Court |
| Type | OR - Original Actions |
| Filed | 10/30/2023 |
| Status | 10/30/2023 , Pending (active) |
| Reference | Case cross references Original County Cause Number 08C012210MR1 |
| Related | Lower Trial Court Case 08C01-2210-MR-000001 |
Parties to the Case
Show all party details| Respondent | Carroll Circuit Court | |
| Relator | Allen, Richard M. | |
| Respondent | Gull, Frances M. Cutino | |
| Relator | State of Indiana |
Chronological Case Summary
| 10/30/2023 | Petition for Writ of Mandamus & Prohibition(Original Action) Certificate of Service-Electronic 10/30/23 Attorney: Smith, Margaret Lee Attorney: Wieneke, Cara Schaefer Attorney: Cook, Jessie A. Party: Allen, Richard M. File Stamp: 10/30/2023 |
| 10/30/2023 | Brief - Relator Certificate of Service- Electronically Served 10/30/23 Attorney: Smith, Margaret Lee Attorney: Wieneke, Cara Schaefer Attorney: Cook, Jessie A. Party: Allen, Richard M. File Stamp: 10/30/2023 |
| 10/30/2023 | Record of Proceedings (Original Action) Certificate of Service- Electronically Served 10/30/23 Party: Allen, Richard M. File Stamp: 10/30/2023 |
| 10/30/2023 | Received Document Receive Date: 10/30/23 Permanent Writ of Mandamus and Prohibition PostmarkDate: 10/30/2023 |
| 10/30/2023 | Original Action Documents Transmitted |
FrostedGlass
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| Relator | Allen, Richard M. |
| Attorney Margaret Lee Smith #1957253, Lead, Retained Attorney address 201 North Illinois St. Ste:1900 PO Box 44691 Indianapolis, IN 46204 Attorney phone 317-237-3800(W) Attorney Jessie A. Cook #371584, Retained Attorney address 3650 N Washington Blvd Indianapolis, IN 46205 Attorney phone 812-232-4634(W) Attorney Cara Schaefer Wieneke #2437449, Retained Attorney address WIENEKE LAW OFFICE LLC PO Box 368 Brooklyn, IN 46111 Attorney phone 317-331-8293(W) |
scapa
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Thanks for posting -- I knew I recalled the name from somewhere.
Is there a risk that these comments might be brought into proceedings? Or is it a concern that they'll be rehashed publically?
MistyWaters
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The 22 page filing for the latest side show. Just by glancing most of it relates to unavailability of filed documents.
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FrostedGlass
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Thanks for the explanation. One of my other cases had an IA but it went to the Court of Appeals, where it was denied.
Emma Peel
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Thanks for this logan warrant. I also hadn't seen it before.
Q: When and how LE determined that RL was no longer a suspect? Did the fish store timeline provide the alibi that cleared RL?
New (for me) information from this 2017 warrant:
- the voice saying "down the hill" was at the end of the 43 second recorded video.
- victim's bodies revealed no struggle or fight
- 2 witnesses who were interviewed and quoted in this warrant - with close long-term relationships w/ RL - told LE that the think the photo of BG is a photo of RL.
- Fish store timeline established by a store receipt.
The 22 page filing for the latest side show. Just by glancing most of it relates to unavailability of filed documents.
<modsnip>
Yes that's part of it. It seems to address the lack of public/media access to information, things missing from the record, as well as the removal of his desired counsel.
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I'm not sure we know the when, but they did carry out a couple of searches of his property and when he was held for parole violation they used that time to question him, probably moving on from him thereafter.
MistyWaters
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Nicely condensed summary. These 3 along with the ex-D and new-D make it 7 attorneys RA has or had looking out for him. What a guy!…and to think he couldn’t afford to hire even one.
www.wthr.com
New attorneys for Richard Allen ask Indiana Supreme Court to decide on access to court documents in Delphi murders case
New civil attorneys for the Delphi murders suspect are asking for the Indiana Supreme Court to weigh in on public access to court filings in the case.
www.wthr.com
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Emma Peel
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Okay.
That's what I was expecting, based on the docket motion flurry last week.
It was an attempt to exhaust remedies w/ Gull at the lower court level ... prior to appealing to the higher court.
PETITION FOR WRITS OF MANDAMUS AND PROHIBITION = appeal for the higher court to force the lower court to take an action (mandamus) and to stop an action (prohibition).
FrostedGlass
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IMO, it's a bad idea to pick an attorney with his points of view on the PCA and shell casing being right out there for everyone to hear. Especially since those are 2 very important issues for RA's case.
Here is a link to the interview; it's embedded in the article.
Fort Wayne attorney gives insight into Delphi developments
Fort Wayne defense attorney Robert Scremin sat down with WANE 15’s Alyssa Ivanson Tuesday after two big developments in the Delphi killings case.
www.wane.com
Emma Peel
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Wondering if we'll see the lower court 10/31 hearing rescheduled due to the interlocuter action.
3 new attorneys representing RA on this Appellate action - I'm guessing these attnys represent RA's desire to keep Rozzi (if not both Rozzi and Baldwin). And likely, RA desires a new Judge moving forward.
These 3 new attnys are each out of a different law firm. Are they appellate specialists? Gonna have a peek.
3 new attorneys representing RA on this Appellate action - I'm guessing these attnys represent RA's desire to keep Rozzi (if not both Rozzi and Baldwin). And likely, RA desires a new Judge moving forward.
These 3 new attnys are each out of a different law firm. Are they appellate specialists? Gonna have a peek.
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sunshineray
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Three new attorneys mentioned from three separate law firms. One is "exclusively" post-conviction. One is an "appelate" lawyer. The third is listed on the Super Lawyers site as a defense for people accused of major crimes and has served on the Supreme Court's Rules Committee for 10 years and has chaired it for the last 5 years.
Wieneke Law Office, LLC
Wieneke Law Office, LLC, a criminal defense firm dedicated to all aspects of criminal appellate and post-conviction representation in Indiana.
www.wienekelaw.com
Maggie L. Smith - Frost Brown Todd
frostbrowntodd.com
Emma Peel
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Emma Peel
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lol. @sunshinerayThree new attorneys mentioned from three separate law firms. One is "exclusively" post-conviction. One is an "appelate" lawyer. The third is listed on the Super Lawyers site as a defense for people accused of major crimes and has served on the Supreme Court's Rules Committee for 10 years and has chaired it for the last 5 years.
Wieneke Law Office, LLC
Wieneke Law Office, LLC, a criminal defense firm dedicated to all aspects of criminal appellate and post-conviction representation in Indiana.
Maggie L. Smith - Frost Brown Todd
didn't mean to be a copy cat. we'll just say "great minds ... google alike".
sunshineray
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No worries, I was like whoa three new names, who are they? Heavy hitters for sure.
Emma Peel
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Yes, this is why the papers submitted last week to Gull's court (by Rozzi) seemed to take so long to be submitted ... they were developed by this new team.
Rozzi (and maybe Baldwin) had to find this new team - which took time.
I wonder if the state also pays for RA's Appellate team?
Also this is why the Clerk was slam-banging the filings on the docket; Gull knew what was coming down and had to tighten up her timeline and determine the dates Rozzi/Baldwin officially "withdrew".
FrostedGlass
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They are not just looking out for him; they are also protecting our rights.Nicely condensed summary. These 3 along with the ex-D and new-D make it 7 attorneys RA has or had looking out for him. What a guy!…and to think he couldn’t afford to hire even one.
New attorneys for Richard Allen ask Indiana Supreme Court to decide on access to court documents in Delphi murders case
New civil attorneys for the Delphi murders suspect are asking for the Indiana Supreme Court to weigh in on public access to court filings in the case.
The secrecy that has gone on with this case needs to be dealt with; bad things can happen behind closed doors.
BTW there are millions of Americans who strongly believe in what you just called the "latest side show."
MistyWaters
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Are we to expect the next happening is an RA hunger strike over the trusted ex-D who are no more?
”..Asserting his Sixth Amendment right, Allen had only consented and authorized Attorneys Rozzi and Baldwin to represent him in the trial court below and only they are authorized to made filings on his behalf.”
”..Asserting his Sixth Amendment right, Allen had only consented and authorized Attorneys Rozzi and Baldwin to represent him in the trial court below and only they are authorized to made filings on his behalf.”
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