IN - Abby & Libby - The Delphi Murders - Richard Allen Arrested - #170

[Jurisprudence]

I have some questions too.

How long does it usually take to disbar an attorney(s). More or less than 70 days?

If they are reinstated to the case then what legal liability does the Indiana court open itself up to from a civil suit by the victims’ families for allowing defense to continue on the case when their negligence caused a catastrophic leak of graphic crime scene photos to the public?

If attorneys are reinstated to the case then during the ongoing investigation of the photo leaks they are determined to be active parties and therefore lose all public trust- how does that affect a fair trail for RA?

What if because of the crime scene leaks and ongoing investigation the defense faces legal or civil or career penalties due to their involvement- how can that affect RA and his right to competent defense and fair trial?

In all fairness, you're assuming that the defense leaked these. You are not even considering or entertaining whether MW did this on his own accord for money.

jmo

 

[Emma Peel]

Where’s the date? Why isn’t the date and time of MW’s conference room access noted? Surely he can recollect.

Good catch; We'll find out ... IMO, the photos should be timed stamped.

 

[Ward Thisperer]

Order issued with deadline 11/16

11/06/2023

Order Issued Any briefs opposing issuance of the writ or any supplemental records must be filed directly with the Clerk of the Supreme Court on or before Thursday, November 16, 2023. Any supplemental record must be submitted in the same format required for the record under Original Action Rule 3(C) and (G). Once briefing is completed, the Court will take the matter under advisement. Judicial Officer: Rush, Loretta H. Serve: Gull, Frances M. Cutino Serve: Wieneke, Cara Schaefer Serve: Rokita, Theodore Edward Serve: Trial Clerk 08 - Carroll Serve: Leeman, Mark Kelly Serve: Sanchez, Angela Serve: Supreme Court Public Information Officer File Stamp: 11/06/2023

 

[Ravenmoon]

In all fairness, you're assuming that the defense leaked these. You are not even considering or entertaining whether MW did this on his own accord for money.

jmo

It was the Defenses obligation to keep these things secure.

JMO

 

[Emma Peel]

I was also very excited to see it -- it was posted by SleuthieGoosie on twitter. I am very curious to know how she obtained it -- doesn't seem coincidental that Wieneke shouted her out when announcing the new case. JMO...

Aaaaand Theory #2, b/c that last one was crazy.

SleuthieGoosie and Bob Motta (defense diaries) on their Twitter Feed describe efforts last week to physically go to the Court to get this affidavit and a few other things. They communicated w/ Clerk. Clerk said they'd have to ask the Judge ... and perhaps the Judge made the Affidavit available just today. JMO

(Perhaps we should check the docket, she says to herself, while going back to real work.)

 

[Emma Peel]

Order issued with deadline 11/16

11/06/2023

Order Issued Any briefs opposing issuance of the writ or any supplemental records must be filed directly with the Clerk of the Supreme Court on or before Thursday, November 16, 2023. Any supplemental record must be submitted in the same format required for the record under Original Action Rule 3(C) and (G). Once briefing is completed, the Court will take the matter under advisement. Judicial Officer: Rush, Loretta H. Serve: Gull, Frances M. Cutino Serve: Wieneke, Cara Schaefer Serve: Rokita, Theodore Edward Serve: Trial Clerk 08 - Carroll Serve: Leeman, Mark Kelly Serve: Sanchez, Angela Serve: Supreme Court Public Information Officer File Stamp: 11/06/2023

Thank you again; so SCOIN takes up the case and sets the papers deadline to be the same as the First Motion papers deadline that Wieneke filed with SCOIN. JMO

 

[Jurisprudence]

I was also very excited to see it -- it was posted by SleuthieGoosie on twitter. I am very curious to know how she obtained it -- doesn't seem coincidental that Wieneke shouted her out when announcing the new case. JMO...

Oh, that's good news. Interesting what a Supreme Court filing against a court's marking everything confidential might accomplish. She had done a public records request and was told it was confidential and off limits.
jmo

 

[Emma Peel]

Oh, that's good news. Interesting what a Supreme Court filing against a court's marking everything confidential might accomplish. She had done a public records request and was told it was confidential and off limits.
jmoView attachment 458677
View attachment 458678

Why do I feel like we should send Sharon some flowers today? JMO

 

[Jurisprudence]

Order issued with deadline 11/16

11/06/2023

Order Issued Any briefs opposing issuance of the writ or any supplemental records must be filed directly with the Clerk of the Supreme Court on or before Thursday, November 16, 2023. Any supplemental record must be submitted in the same format required for the record under Original Action Rule 3(C) and (G). Once briefing is completed, the Court will take the matter under advisement. Judicial Officer: Rush, Loretta H. Serve: Gull, Frances M. Cutino Serve: Wieneke, Cara Schaefer Serve: Rokita, Theodore Edward Serve: Trial Clerk 08 - Carroll Serve: Leeman, Mark Kelly Serve: Sanchez, Angela Serve: Supreme Court Public Information Officer File Stamp: 11/06/2023

Thank you for looking out for this. So, now we know this new filing was accepted (23S-OR-00311) and the court will also decide if BR and AB should be reinstated, if the trial date be re-set within 70 days from the issuance of the writ, and whether Judge Gull should be removed.

Briefs are due in both cases (the other being the case on public access to records) on 11/16.

jmo

Indiana Courts Case Search - MyCase

Indiana Supreme Court, Public Access

public.courts.in.gov

 

[StarryStarryNight]

This is opinion only. I think we would only be gliding toward trial if the defense never put forward their theory. Once they put forward their theory, they were shut down and kicked off. This is opinion only. If they are reinstated, this case will once again move forward on time.

jmo

Putting forth their pagan theory was the wrong place to do that. In my opinion, the trial was the place to do that.
I don’t get the feeling they were shut down and kicked off because of the pagan theory anyway. They were removed because of all the other things.
The inmates cannot run the asylum, and the ex-defense team seemed determined to do just that.
I’d like to add, that I appreciate your thoughts and our mini-discussions. I appreciate also your respect for everybody, even those who might have a different take on things. Thanks.

 

[Emma Peel]

Thank you for looking out for this. So, now we know this new filing was accepted (23S-OR-00311) and the court will also decide if BR and AB should be reinstated, if the trial date be re-set within 70 days from the issuance of the writ, and whether Judge Gull should be removed.

Briefs are due in both cases (the other being the case on public access to records) on 11/16.

jmo

Indiana Courts Case Search - MyCase

Indiana Supreme Court, Public Access

public.courts.in.gov

I don't know if SCOIN is soooooo fast with this case b/c of high profile ... or if a 3 hour turnaround is SOP for interlocutory writ.

IMO, good chance SCOIN gonna make some new LAW off these 2 writs.

"journalists, do your job"

 

[Emma Peel]

Putting forth their pagan theory was the wrong place to do that. In my opinion, the trial was the place to do that.
I don’t get the feeling they were shut down and kicked off because of the pagan theory anyway. They were removed because of all the other things.
The inmates cannot run the asylum, and the ex-defense team seemed determined to do just that.
I’d like to add, that I appreciate your thoughts and our mini-discussions. I appreciate also your respect for everybody, even those who might have a different take on things. Thanks.

IMO, pretrial is a preferred time for presenting alternate theories of case.
(Maybe via a separate motion and not squished into a Franks Memo.)

It's a bit much to halt a jury trial just to get all the evidence they've listed as supporting the O-Theory allowed in the middle of a trial. JMO

 

[Jurisprudence]

Why do I feel like we should send Sharon some flowers today? JMO

Moo, there is nothing even remotely confidential about that. MW is going on the record so it can't be "to protect his identity". These are the kinds of problems alleged in the 10/30 case and she has a heavy lift to explain them.

jmo

 

[Jurisprudence]

[sbm] They were removed because of all the other things.

Then you have to ask why was the state never sanctioned or reprimanded for violating the gag order first and more than once? There's no doubt this is a mess.

jmo

ETA: We should remember too that when a case is gagged the only information we can get (should be able to get) is through the filings. So, I see what you're saying about them seemingly using a "backdoor" to get around a gag. But, they do have a right to put forward a theory.

 

[FrostedGlass]

I'm curious about the Record of Proceedings in the two SC appeals.
Are these two versions the same or has the latest one grown in size?
These aren't clickable but we have the one from 10/30.
If the second one has more info, it would be great if we had it.
How many pages are in a volume?

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

11/06/2023

Record of Proceedings (Original Action) - Two (2) Volumes Party: Allen, Richard M. File Stamp: 11/06/2023

 

[CGBSpender]

Then you have to ask why was the state never sanctioned or reprimanded for violating the gag order first and more than once? There's no doubt this is a mess.

jmo

I'm not clear on what it is the State is alleged to have done?

JMO

 

[Soulmagent]

the pro bono move is ... both elegant and exasperating.

Agree.

 

[FrostedGlass]

Entered into RA's murder case.

11/06/2023

Order Received from the Indiana Supreme Court Order Signed: 11/06/2023

 

[Jurisprudence]

I'm not clear on what it is the State is alleged to have done?

JMO

Talk to podcasters #802 #668

jmo

 

[Emma Peel]

Agree.

you made me lol b/c that post is a week old. my goodness.

I do like a good game of chess. jmo