I see that posters have been debating whether people could sleep through a terrible crime. I used to believe there was no way people would sleep through murders in their own home, until November, 2009 when an incident occurred at my house (thankfully NOT a crime). Here's my story, which...
I'm wondering if the keypad stored the latest entries, so they know when the last person (possibly the killer) entered the house (other than the friend who found them, if we assume the friend entered via the keypad door). This presumes the killer went in through the door, of course. I'm just...
Yup. Judges have quite a bit of leeway here. And we’re a practical bunch for the most part here in Indiana. I suspect they’ll try to schedule hearings and conferences for the ease of everyone involved. Right now, at the early stages, that will probably be video. And we’ll wait to see if...
The use of video is pretty wide open, as you can see from the link I posted. The judge can decide to hold the hearing via video on her own motion. If I recall correctly, and I don’t have my Trial Rule book to see when changes were actually made, but I think the video rules were relaxed...
Rule 14. Use of Telephone and Audiovisual Telecommunication
(A) Authority. A trial court may, in its discretion, use telephone or audiovisual telecommunication pursuant to the provisions of this rule as follows:
(1) A trial court may use telephone or audiovisual telecommunication to conduct...
That thought has crossed my mind. The idea of mistrials does not make me happy. The families suffer so much. And it's so much wasted effort on both sides.
Yes, a judge can preside over a hearing via video, and all parties can participate via video (this became common during the pandemic, and I've done this several times). This is particularly useful if it's going to be difficult to transport an inmate. Now, whether the public will be allowed to...
At least they only requested dismissal of 5 of the charges according to the article--the rest remain. Maybe that was part of the cooperation deal offered for information about the Delphi murders.
Venue has not been changed yet, but I'm fairly certain that she can hold conferences at her courtroom in Ft. Wayne. She can certainly use the video equipment for conferences and hearings.
No, he would never be presumed guilty because of lack of counsel. But he would miss deadlines to change venue, to appoint special counsel, file an answer with defenses, etc.--stuff like that which could have major consequences for his case. It's my understanding that the Trial Rules allow the...
Indiana Rules of Criminal Procedure:
Rule 12. Change of venue in criminal cases
(A) Change of Venue from the County. In criminal actions and proceedings to enforce a statute defining an infraction, a motion for change of venue from the county shall be verified or accompanied by an affidavit...
FYI—this is the change of venue rule for civil cases—there’s another rule for criminal cases. I can’t quote it right now, but will do so when I’m back on my computer (working from an iPad now, and I CANNOT figure out apple’s editing).
I bet you're correct. It seems crazy that he doesn't have an attorney appearance on file yet. And if he's going to claim he's innocent, he needs his attorney to start yelling that to every reporter possible, especially if there might be a gag order issued in the case. Public opinion is not on...
Yup, but she'll use her office, staff and equipment for many of the proceedings. I doubt that Carroll County has a lot of equipment or space for a case of this magnitude.
And I foresee a change of venue motion soon. If RA ever hires counsel.
Not yet, but I've gotta think that will be the first motion filed after a defense attorney appearance. Speaking of, where is RA's attorney? He needs to move on that. I wonder if he can't come up with the retainer? Or he's trying to find someone to defend him for free to cash in on the...
Yes, but that judge will use her offices, staff and facilities for many of the hearings and conferences, and she can schedule video conferences. Ft. Wayne will have that. I doubt that Carroll County had much of it.
I'd be speculating too. They could've chosen Lake County (Indiana side of Chicago), Indianapolis and maybe Lafayette (although that might be a stretch since most of that population likely comes from Purdue). I suspect the Supreme Court clerk ran the caseload numbers and picked one of the...
Here's the change of venue rule, but keep in mind that I don't think the venue has actually been changed yet--just the judge has. I need to read the actual order, but generally the defense attorney would request the change of venue.
Rule 76. Change of venue (A) In civil actions where the...
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