IN - Annalysa McMillan, 19, shot and killed by back seat passenger, Marion, 26 Nov 2019 *Arrest*

No. Just the last 2 entries

09/28/2020 = Final PreTrial Conference
Session: 09/28/2020 1:30 PM, Judicial Officer: Kenworthy, Dana J.

10/27/2020 = Jury Trial
Session: 06/23/2020 8:30 AM, Rescheduled
Session: 10/27/2020 8:30 AM, Judicial Officer: Kenworthy, Dana J.
 
No. Just the last 2 entries

09/28/2020 = Final PreTrial Conference
Session: 09/28/2020 1:30 PM, Judicial Officer: Kenworthy, Dana J.

10/27/2020 = Jury Trial
Session: 06/23/2020 8:30 AM, Rescheduled
Session: 10/27/2020 8:30 AM, Judicial Officer: Kenworthy, Dana J.

Okay - thanks for the check! I'll come back in about a week! :)
 
No, not yet.

10/06/2020 = Hearing Journal Entry
State appears by Scott Hunt. Craig Persinger is present on behalf of Defendant. Final pretrial held. Defendant to file Motion to Continue Jury Trial. db
Hearing Date: 09/28/2020

10/27/2020 = Jury Trial
Session: 06/23/2020 8:30 AM, Rescheduled
Session: 10/27/2020 8:30 AM, Judicial Officer: Kenworthy, Dana J.
 
Well since defense filed motion for continuance of trial - I shall come back & bug you next week - maybe! :)
 
I'll add him to my watch list and you can remind me as needed.

He's a big guy at 6' 5"; must have been pretty crowded in that back seat. That was really bad judgment to have that gun in the car.
 
He's still scheduled for jury trial next week. He apparently did not file a continuance.

10/06/2020 = Hearing Journal Entry (from Hearing Date: 09/28/2020)
State appears by Scott Hunt. Craig Persinger is present on behalf of Defendant. Final pretrial held. Defendant to file Motion to Continue Jury Trial. db

10/27/2020 = Jury Trial
Session: 06/23/2020 8:30 AM, Rescheduled
Session: 10/27/2020 8:30 AM, Judicial Officer: Kenworthy, Dana J.
 
Thanks @FrostedGlass ! :)

oh - but he did file for continuance - see last line on 10/6/20 - Defendant to file motion to continue jury trial - but not granted...
 
Thanks @FrostedGlass ! :)

oh - but he did file for continuance - see last line on 10/6/20 - Defendant to file motion to continue jury trial - but not granted...
Wouldn't that be unusual for him to file and for the court to deny without putting it on record?

This is how it looks when he filed the last time:

05/28/2020 = Motion for Continuance Filed
Motion to Continue
Filed By: Smith, Austin Mark

05/29/2020 = Order Granting Motion for Continuance
Comes now Court and grants Defendant's Motion to Continue. Jury trial is continued to 10-27-20 at 8:30 a.m. and final pretrial is set for 9-28-20 at 1:30 p.m. db
Order Signed: 05/28/2020
 
10/23/2020 = Motion for Continuance Filed
Motion to Continue
Filed By: Smith, Austin Mark

10/24/2020 = Automated ENotice Issued to Parties
Motion for Continuance Filed ---- 10/23/2020 : Craig Persinger;Grant County Probation Department;Rodney Lee Faulk;Scott J. Hunt

10/27/2020 = Jury Trial
Session: 06/23/2020 8:30 AM, Rescheduled
Session: 10/27/2020 8:30 AM, Judicial Officer: Kenworthy, Dana J.
 
Will have to wait for @FrostedGlass - to let me if anything has changed in the court site re his trial starting today. I'll go ahead & post this until then.

Tuesday, October 27th:
*Trial set to begin (@ 8:30am ET) - IN – Annalysa McMillian (19) (Nov. 26, 2019, shot & killed by back seat passenger, Marion) - *Austin Mark Smith (22) charged (12/3/19) with reckless homicide, criminal recklessness while armed with a deadly weapon (AR15 rifle). Plead not guilty. Held without bond. Posted bond (12/10/19) of $1K.
Trial set to begin on 10/27/20.
Court info from 12/10/19 thru 5/11/20 reference post #39 here:
IN - Annalysa McMillan, 19, shot and killed by back seat passenger, Marion, 26 Nov 2019 *Arrest*

5/20/20 Update: Defense motion for trial continuance-granted. Next final pretrial hearing on 9/28 & trial is set for 10/27/20.
9/28/20 Update: State appears by Scott Hunt. Craig Persinger is present on behalf of Defendant. Final pretrial held. Defendant to file Motion to Continue Jury Trial.

10/22/20 Update: Defendant filed for continuance, no news of being granted, so next trial on 10/27/20.
 
There's been no change since what I posted on Saturday and he's still scheduled for trial today on the Doxpop calendar. I'll check in sometime this morning to see if his court live streams .
 
Jury selection is happening now. Defense is asking questions.

ETA:
I don't think this is the jury for Smith; defense mentioned drug dealing.
 
Last edited:
I'll go ahead & post this until I hear from @FrostedGlass .

Wednesday, October 28th:
*Trial continues with Jury Selection (Day 2) (@ 8:30am ET) - IN – Annalysa McMillian (19) (Nov. 26, 2019, shot & killed by back seat passenger, Marion) - *Austin Mark Smith (22) charged (12/3/19) with reckless homicide, criminal recklessness while armed with a deadly weapon (AR15 rifle). Plead not guilty. Held without bond. Posted bond (12/10/19) of $1K.
Trial began on 10/27/20 with jury selection.
Court info from 12/10/19 thru 9/28/20 reference post #53 here:
IN - Annalysa McMillan, 19, shot and killed by back seat passenger, Marion, 26 Nov 2019 *Arrest*

10/22/20 Update: Defendant filed for continuance, but has not been granted yet, so next trial on 10/27/20.
10/27/20 Jury Selection Day 1 Tuesday: Jury selection continues to 10/28/20.
 
Your info is better than mine. I was only able to listen off and on; the last time I checked in, they were still talking to potential jurists. Maybe they finished up with the drug case and then went on to Austin Smith.

Four people were on the calendar for jury trials yesterday but it looks one had his previous plea deal reinstated and the other one had a change of plea hearing on Monday. The courts are really busy so maybe they just aren't able to enter all the actions as soon as they happen?

They have now started the trial for the guy they were seating the jury for yesterday.
 
I'm guessing jury selection is still going on.... no access to court site, so will have to wait for @FrostedGlass to let me know what is going on!
citrouille14.gif


Thursday, October 29th:
*Trial continues with Jury Selection (Day 3) (@ 8:30am ET) - IN – Annalysa McMillian (19) (Nov. 26, 2019, shot & killed by back seat passenger, Marion) - *Austin Mark Smith (22) charged (12/3/19) with reckless homicide, criminal recklessness while armed with a deadly weapon (AR15 rifle). Plead not guilty. Held without bond. Posted bond (12/10/19) of $1K.
Trial began on 10/27/20 with jury selection.
Court info from 12/10/19 thru 9/28/20 reference post #53 here:
IN - Annalysa McMillan, 19, shot and killed by back seat passenger, Marion, 26 Nov 2019 *Arrest*
10/22/20 Update: Defendant filed for continuance, but has not been granted yet, so next trial on 10/27/20.

10/27/20 Jury Selection Day 1 Tuesday: Jury selection continues to 10/28/20.
10/28/20 Jury Selection Day 2 Wednesday: Jury selection continues (I guess!) to 10/29/20.
 
The court site has no new info yet. There have been no changes to that case whose trial ended yesterday, either. I'll keep checking to see if they stream the rest of Smith's trial.
 
Okay - last time I'm posting this until we hear something on "what" is going on....

Friday, October 30th:
*Trial continues with Jury Selection (Day 4) (@ 8:30am ET) - IN – Annalysa McMillian (19) (Nov. 26, 2019, shot & killed by back seat passenger, Marion) - *Austin Mark Smith (22) charged (12/3/19) with reckless homicide, criminal recklessness while armed with a deadly weapon (AR15 rifle). Plead not guilty. Held without bond. Posted bond (12/10/19) of $1K.
Trial began on 10/27/20 with jury selection.
Court info from 12/10/19 thru 9/28/20 reference post #53 here:
IN - Annalysa McMillan, 19, shot and killed by back seat passenger, Marion, 26 Nov 2019 *Arrest*

10/22/20 Update: Defendant filed for continuance, but has not been granted yet, so next trial on 10/27/20.
10/27/20 Jury Selection Day 1 Tuesday: Jury selection continues to 10/28/20.
10/28/20 Jury Selection Day 2 Wednesday: Jury selection continues (I guess!) to 10/29/20.
10/29/20 Jury Selection Day 3 Thursday: Jury selection continues (?) on 10/30/20.
 

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