CONVICTION OVERTURNED IN - Helen Sailor Murdered in Elkhart, 11/29/2002 *Guilty*

Niner

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I just tagged you because I thought you had an interest in it, not to add to your looooog list of cases. I've never followed a federal case before; maybe the only info I can find is from news sources.

Yes, Federal cases are very hard to find - I have learned...

Best bet would be news sources. And they usually don't let camera in Federal court.

But I will follow you on this! :)
 

FrostedGlass

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We get this much free of charge. This is going to be a very slow process.

Friday, August 12, 2022 11:07 AM
63. First Amended ANSWER to1 Complaint,, and Affirmative Defenses by Elkhart County.(DeBoni, Michael)

Thursday, August 11, 2022 10:40 AM
62. ORDER DENYING AS MOOT57 MOTION to Amend/Correct Answer and Affirmative Defenses of Defendant, Board of Commissioners of the County of Elkhart, Indiana by Defendant Elkhart County. Signed by Magistrate Judge Michael G Gotsch, Sr on 8/11/2022. (asd)

61. SCHEDULING ORDER AND MEMORANDUM OF STATUS CONFERENCE: The parties will exchange the information required by Fed. R. Civ. P. 26(a)(1) by 8/30/2022. The last date to amend the pleadings or join additional parties without leave of court is 11/30/2022, for Plaintiff and 1/31/2023, for Defendants. The parties shall submit an ESI protocol for the Court's consideration no later than 8/30/2022. The serving of reports from retained experts under Rule 26(a)(2) are due from Plaintiff by 2/29/2024, and from Defendants on 4/15/2024. The last date for the completion of ALL DISCOVERY is 5/31/2024. The last date to file any discovery-related nondispositive motion is 4/30/2024. The parties shall name a mediator no later than 3/31/2023. The deadline for the parties to engage in mediation is 6/15/2024. Signed by Magistrate Judge Michael G Gotsch, Sr on 8/11/22. (nhc)

Tuesday, August 09, 2022
TELEPHONIC PRELIMINARY PRETRIAL CONFERENCE held on 8/9/2022 before Magistrate Judge Michael G Gotsch, Sr. Pla appeared by atty Campbell, Slosar. Dft appeared by atty will, Ranum, Roberts, Smith, Miller, Pope, DeBoni, Jordan. Order to be entered (slm)
 

FrostedGlass

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I didn't realize Pacer deletes old entries as new ones are updated. I'm glad I at least caught the previous ones. Number 65 appears to be missing. Here are the new ones:

Tuesday, September 06, 2022
ORDER granting 66 Motion to Substitute Attorney. Attorney Calvert S Miller terminated. Approved by Magistrate Judge Michael G Gotsch, Sr on 9/6/22. (slm)

Thursday, September 01, 2022
66. First MOTION to Substitute Attorney by Defendant Dennis Chapman. (Scarry, Laura)

Wednesday, August 31, 2022
ORDER granting 64 Motion for Extension of Time to File ESI PROTOCOL. Deadline to file ESI PROTOCOL is 09/13/2022. Approved by Magistrate Judge Michael G Gotsch, Sr on 8/31/22. (slm)

Tuesday, August 30, 2022
64. Joint MOTION for Extension of Time to File ESI PROTOCOL by Plaintiff Andrew Royer. (Campbell, Margaret)
 

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Update:

Friday, September 09, 2022
71. MOTION Additional Time to Depose Main Defendants Conway, Becker, Chapman, and Daggy by Plaintiff Andrew Royer.(Campbell, Margaret)
Att: 1 Exhibit RFP to Entity Defs,
Att: 2 Exhibit RFP to Indiv Defs

Wednesday, September 07, 2022
69. MOTION to Withdraw as Attorney / Motion to Withdraw Appearance of Eric M. Blume by Defendant Dennis Chapman. (Blume, Eric)
68. MOTION to Withdraw as Attorney Motion to Withdraw Appearance of Larry L. Barnard by Defendant Dennis Chapman. (Barnard, Larry)
order Order on Motion to Withdraw as Attorney Wed 09/07 5:44 PM
ORDER granting 68., 69. Motions to Withdraw as Attorneys. Attorney Larry L Barnard and Eric M Blume terminated. Approved by Magistrate Judge Michael G Gotsch, Sr on 9/7/22. (slm)
 

FrostedGlass

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9/21/2022 Update:

Wednesday, September 14, 2022
ORDER granting 72 Motion for Extension of Time to File ESI Protocol extended to 09/23/2022. Approved by Magistrate Judge Michael G Gotsch, Sr on 9/14/22. (slm)

Tuesday, September 13, 2022
72. Joint MOTION for Extension of Time to File ESI Protocol by Defendants Joel Bourdon, Paul Converse, Brett Coppins, Elkhart City of, Michael Sigsbee. (Will, Alexander)
 

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10/08/2022 Update

Friday, October 07, 2022
80. REPLY to Response to Motion re71 MOTION Additional Time to Depose Main Defendants Conway, Becker, Chapman, and Daggy filed by Andrew Royer.(Campbell, Margaret)
Att: 1 Exhibit Royer Joint Status Report

Friday, September 30, 2022
ORDER granting 77. Motion for Extension of Time. The deadline for Defendants Vicki E Becker, Elkhart County Prosecutor's Office, and State of Indiana to respond to Plaintiff's requests for production and interrogatories served on August 30, 2022, is EXTENDED until 10/31/22. Approved by Magistrate Judge Michael G Gotsch, Sr on 9/30/22. (cck)
 

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11/09/2022 Update:

Monday, October 31, 2022 @ 4:48 PM
82 = Second MOTION for Extension of Time to Complete Discovery by Defendants Vicki E Becker, Elkhart County Prosecutor's Office, State of Indiana. (Pope, Adrienne)

 

FrostedGlass

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There have been no updates to the docket that I could find. I just came across this from 2020. The irony...

FOR IMMEDIATE RELEASE: OCTOBER 07, 2020
PROSECUTING ATTORNEY VICKI BECKER APPOINTED TO STATE PROSECUTORS’ BOARD
Media Contact: Vicki Elaine Becker (574) 296-1888
[snip]
Prosecuting Attorney Vicki Elaine Becker for the 34th Judicial Circuit, County of Elkhart, State of Indiana, has been elected by her statewide prosecutor peers to serve on the Board of Directors of the Indiana Prosecuting Attorney’s Council (IPAC). The IPAC is a non-partisan, independent state Judicial Branch agency that supports Indiana’s 91 Prosecuting Attorneys and their Offices. It is governed by a ten (10) member Board of Directors of elected Prosecuting Attorneys.
...
 

FrostedGlass

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@Niner I don't know what the legal term is for this document but it's a request from Christian Sheckler of the South Bend Tribune to access the entire record of court proceedings in the Royer case. There has been a lot of discussion regarding the importance of keeping records unsealed and available to the public. There were many reasons for keeping the records sealed; but considering the charges against the prosecutor and others, I believe their motives for not allowing access have little to do with protecting anyone other than themselves. IMO. Royer's attorneys couldn't prove their wrong-doings if they didn't have access to the sealed records. The document has 4 pages.


Royer1.jpgRoyer2.jpgRoyer23jpg.jpgRoyer4.jpg

 
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FrostedGlass

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I did this brief summary for my personal records; here it is for anyone's convenience. I am amazed to learn exactly how much of a trial can be kept secret, away from the public so many years after the trial.
******
Based on the foregoing, the Court finds that the following individual case records are exempt from disclosure on the grounds stated:

* Reports of physical or mental exams submitted to the court in connection with sentencing.
* Mental Health consultation requests and psychiatric evaluation docs.
* Pre-sentence investigation reports and accompanying memoranda
* Autopsy reports, photographs, video or audio recordings
* Witness lists which included identifying info and addresses
* Juror identification docs which include addresses, juror deliberation notes and questions
* Law enforcement incident/investigation reports and supplemental case investigatory records
* Research and judicial notes; work product of court staff
* IN DOC authorization to release info
* Appellant Brief

Additionally, petitioner may not at this time access or obtain copies of any evidentiary exhibits, including docs, photos, recordings, etc. that were admitted at trial.

As the petitioner's request for access to trial exhibits now stands, that request is denied.

The Court is not confident that all appeal rights have been exhausted in the case herein and, therefore, also declines to authorize the release of trial exhibits on that basis. Local rule also provides that all material placed in the custody of the Court Reporter may be removed by the offering party within 4 months after final disposition of the case, or be otherwise disposed of by court order. Accordingly, the court may not be in possession of the items sought by the Petitioner.

The Court hereby orders the clerk of the Court to provide access to and copies of those records in the Clerk's possession, including the Chronological Case Summary and all docs except those deemed to be confidential or that are sealed, to the Peitiioner Christian Sheckler of the SB Tribune os requested by him at his cost. He may also obtain a copy of the trial transcript at his own cost.
 

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Update
Friday, December 02, 2022
85 notice Notice of Appearance Fri 12/02 9:34 AM
NOTICE of Appearance by Alexander R Carlisle on behalf of Vicki E Becker, Elkhart County Prosecutor's Office, State of Indiana (Carlisle, Alexander)
Wednesday, November 30, 2022
84 motion Extension of Time to Complete Discovery Wed 11/30 4:34 PM
Third MOTION for Extension of Time to Complete Discovery by Defendants Vicki E Becker, Elkhart County Prosecutor's Office, State of Indiana. (Pope, Adrienne)
83 motion Extension of Time to Complete Discovery Wed 11/30 4:23 PM
MOTION for Extension of Time to Complete Discovery by Defendants Joel Bourdon, Paul Converse, Brett Coppins, Elkhart City of, Michael Sigsbee, Peggy Snider. (Will, Alexander)
 

FrostedGlass

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@Niner
Tuesday, December 13, 2022
87 36 pgs order Opinion and Order ~Util - Terminate Motions Tue 12/13 4:05 PM
OPINION AND ORDER: The Court GRANTS in part and DENIES in part Moving Defendants partial motion to dismiss45 . Count V (failure to intervene) and Count VI (conspiracy) proceed against all defendants except for the Elkhart County Prosecutors Office and the State of Indiana. Count VIII (Americans with Disabilities Act) and Count IX Related [+] proceed against the City of Elkhart and Elkhart County, but are dismissed as to the Elkhart County Prosecutors Office and the State of Indiana. Count XVI (IIED) proceeds against all defendants except for the Elkhart County Prosecutors Office, the State of Indiana, and Vicki Becker. No claims remain against the Elkhart County Prosecutors Office or the State of Indiana, so they are DISMISSED from this action. The remaining claims are unaffected by this order. Signed by Chief Judge Jon E DeGuilio on 12/13/2022. (shk)
Thursday, December 08, 2022
86 motion Protective Order Thu 12/08 10:40 PM
Joint MOTION for Protective Order (joined by Defendants City of Elkhart, Daggy, Converse, Snider, Thayer, Sigsbee, Bourdon, Coppins, Chapman, Becker, Elkhart County Prosecutor's Office and State of Indiana by Defendant Carlton Conway. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Fleming, Elizabeth)
 

FrostedGlass

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@Niner Following this is probably an exercise in futility. It's hard to understand what I can't see.


Friday, December 16, 2022
89BRIEF in Support of88 MOTION for Judgment on the Pleadings filed by Elkhart County. (DeBoni, Michael)
88MOTION for Judgment on the Pleadings by Defendant Elkhart County. (DeBoni, Michael)
Thursday, December 15, 2022
90 2 pgs order Order ~Util - Set Deadlines ~Util - Terminate Motions Fri 12/16 3:48 PM
ORDER: The State Defendants' Third Motion for Extension of Time to Respond to Discovery is GRANTED IN PART84 . The deadline for Defendant Vicki E Becker to respond to Plaintiff's requests for production and interrogatories served on August 30, 2022, is EXTENDED until 12/30/2022. Defendants City of Elkhart, Paul Converse, Peggy Snider, Michael Sigsbee, Brett Coppins, and Joel Bourdon's Motion for Extension of Time to Respond to Plaintiff's Discovery is GRANTED83 . The deadline for these City Defendants to serve responses to Plaintiff's interrogatories is EXTENDED until 12/02/2022, as requested. The deadline for these City Defendants to serve responses to Plaintiff's requests for production is EXTENDED until 12/30/2022. The State Defendants' Second Motion for Extension of Time to Respond to Discovery is DENIED AS MOOT82 . Signed by Magistrate Judge Michael G Gotsch, Sr on 12/15/2022. (jdb)
 

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Wednesday, December 21, 2022
91 motion Extension of Time to File Response/Reply Wed 12/21 3:35 PM
MOTION for Extension of Time to File Response/Reply as to86 Joint MOTION for Protective Order (joined by Defendants City of Elkhart, Daggy, Converse, Snider, Thayer, Sigsbee, Bourdon, Coppins, Chapman, Becker, Elkhart County Prosecutor's Office and State of Indiana (Unopposed) by Plaintiff Andrew Royer. (Slosar, Elliot)
 

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Thursday, December 22, 2022
order Order on Motion for Extension of Time to File Response/Reply Thu 12/22 10:00 AM
ORDER granting91 Motion for Extension of Time to File Response re91 MOTION for Extension of Time to File Response as to86 Joint MOTION for Protective Order (joined by Defendants City of Elkhart, Daggy, Converse, Snider, Thayer, Sigsbee, Bourdon, Coppins, Chapman, Becker, Elkhart County Prosecutor's Response to be filed by 1/5/2023. Approved by Magistrate Judge Michael G Gotsch, Sr on 12/22/22. (slm)
 

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We have a new update
Docket last updated: 01/04/2023 11:59 PM EST
Thursday, December 29, 2022
96respm Response to Motion Thu 12/29 1:56 PM
RESPONSE to Motion re95 Fourth MOTION for Extension of Time to File Response/Reply to Discovery Requests filed by Andrew Royer.(Slosar, Elliot)
Att: 1 Exhibit 1, INT to Becker,
Att: 2 Exhibit 2, RFP to Becker,
Att: 3 Exhibit 3, Becker Rule 26 Disclosures,
Att: 4 Exhibit 4, 11/22 Corres,
Att: 5 Exhibit 5, 12/22 Corres,
Att: 6 Exhibit 6, PL Dep. Notice
95 motion Extension of Time to File Response/Reply Thu 12/29 8:14 AM
Fourth MOTION for Extension of Time to File Response/Reply to Discovery Requests by Defendant Vicki E Becker. (Carlisle, Alexander)
Wednesday, December 28, 2022
94motion Compel Wed 12/28 8:55 AM
MOTION to Compel GOVERNMENT AGENCIES TO PRODUCE DOCUMENTS RESPONSIVE TO PLAINTIFF'S SUBPOENA AND/OR DEFENDANT CHAPMAN TO SIGN A WAIVER AUTHORIZING THE PRODUCTION OF DOCUMENTS by Plaintiff Andrew Royer.(Slosar, Elliot)
Att: 1 Exhibit 1, Chapman Report,
Att: 2 Exhibit 2, Subpoena to FLETC,
Att: 3 Exhibit 3, Subpoena to FBI,
Att: 4 Exhibit 4, Corres. from FLETC,
Att: 5 Exhibit 5, Notice of FLETC Subpoena,
Att: 6 Exhibit 6, Rider to FLETC Subpoena,
Att: 7 Exhibit 7, Notice of FBI Subpoena,
Att: 8 Exhibit 8, Rider to FBI Subpoena,
Att: 9 Exhibit 9, Royer Trial Tr.,
Att: 10 Exhibit 10, Canen EH Tr.,
Att: 11 Exhibit 11, Royer EH Tr.,
Att: 12 Exhibit 12, 10/31/22 Corres to Chapman,
Att: 13 Exhibit 13, 11/15/22 Corres to Chapman,
Att: 14 Exhibit 14, 11/18/22 Corres to Chapman,
Att: 15 Exhibit 15, 11/21/22 Corres from Chapman,
Att: 16 Exhibit 16, 11/21/22 Corres to Chapman,
Att: 17 Exhibit 17, 12/9/22 Corres to Chapman,
Att: 18 Exhibit 18, Proposed Release to Chapman,
Att: 19 Exhibit 19, DOJ Corres,
Att: 20 Exhibit 20, 12/20/22 FLETC Corres.
Tuesday, December 27, 2022
93 answer Answer to Complaint Tue 12/27 4:56 PM
ANSWER to1 Complaint,, by Vicki E Becker.(Carlisle, Alexander)
 

FrostedGlass

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@Niner Update:

Friday, January 06, 2023
100motion Amend/Correct Fri 01/06 12:23 PM
MOTION to Amend/Correct COMPLAINT TO ADD DEFENDANT ELKHART COUNTY SHERIFFS OFFICE by Plaintiff Andrew Royer.(Loevy, Jon)
Att: 1 Exhibit 1 - Proposed Amended Complaint,
Att: 2 Exhibit 2 - Correspondence
Thursday, January 05, 2023
99respm Response to Motion Thu 01/05 10:24 PM
RESPONSE to Motion re88 MOTION for Judgment on the Pleadings filed by Andrew Royer.(Campbell, Margaret)
Att: 1 Exhibit 1-Notice of Tort,
Att: 2 Exhibit 2-Interrogatory Request,
Att: 3 Exhibit 3-Document Request,
Att: 4 Exhibit 4-Initial Disclosures,
Att: 5 Exhibit 5-Correspondence,
Att: 6 Exhibit 6-Correspondence,
Att: 7 Exhibit 7-Correspndence,
Att: 8 Exhibit 8-Insurance Policy (Admiral),
Att: 9 Exhibit 9-Insurance Policy (St. Paul),
Att: 10 Exhibit 10-Insurance Policy (Allied),
Att: 11 Exhibit 11-Correspondence
98 notice Notice - Other Thu 01/05 7:42 PM
NOTICE by Andrew Royer re97 Response to Motion,,,,86 Joint MOTION for Protective Order (joined by Defendants City of Elkhart, Daggy, Converse, Snider, Thayer, Sigsbee, Bourdon, Coppins, Chapman, Becker, Elkhart County Prosecutor's Office and State of Indiana (Attachments: #1 Exhibit 16-Docket, Canen v. Chapman, et al., Case No. 14-cv-315, #2 Exhibit 17-Docket, Sims v. City of Elkhart, Case No. 19-cv-1168, #3 Exhibit 18-September 10, 2021 Correspondence, #4 Exhibit 19-July 22, 2021 Indiana Lawyer Article, #5 Exhibit 20-September 14, 2021 South Bend Tribune Article, #6 Exhibit 21-September 14, 2021 ABC Article, #7 Exhibit 22-October 7, 2021 The Elkhart Truth Article, #8 Exhibit 23-November 15, 2018 ProPublica Article, #9 Exhibit 24-November 21, 2018 ProPublica Article, #10 Exhibit 25-March 13, 2015 WSBT Article, #11 Exhibit 26-Peggy Snider File, #12 Exhibit 27-State of Indiana v. Andrew Royer, Excerpt Testimony of Mark Daggy, #13 Exhibit 28-Royer Exhibit Book Vol. 8, #14 Exhibit 29-State v. Royer, Carl Conways Cross Examination, #15 Exhibit 30-Plaintiffs Requests for Production, Royer v. City of Elkhart et al., #16 Exhibit 31-Protective Order, Sims v. City of Elkhart, et al., Case No. 3:19-cv-1168, #17 Exhibit 32-Protective Order, Cooper v. City of Elkhart, et al., Case No. 17-cv-834, #18 Exhibit Exhibit List)(Slosar, Elliot)
97 respm Response to Motion Thu 01/05 7:34 PM
RESPONSE to Motion re86 Joint MOTION for Protective Order (joined by Defendants City of Elkhart, Daggy, Converse, Snider, Thayer, Sigsbee, Bourdon, Coppins, Chapman, Becker, Elkhart County Prosecutor's Office and State of Indiana filed by Andrew Royer. (Attachments: #1 Exhibit 1 - Interrogatory Responses, #2 Exhibit 2-Conway Deposition, #3 Exhibit 3-Correspondence, #4 Exhibit 4-Correspondence, #5 Exhibit 5-Defendant Chapman Personnel File Excerpt 1, #6 Exhibit 6-Defendant Chapman Personnel File Excerpt 2, #7 Exhibit 7-November 15, 2022 Correspondence, #8 Exhibit 8-December 19, 2014 Correspondence, #9 Exhibit 9-Order, Sierra v. Guevara et al., Case No. 18-cv-3029, Dkt. 118, #10 Exhibit 10-July 22, 1993 Report, #11 Exhibit 11-James Perron Deposition Tr, #12 Exhibit 12-PERF Study, #13 Exhibit 13-October 28, 2022 Correspondence, #14 Exhibit 14-Docket, Garrett v. Bechtel et al., Case No. 97-cv-60, #15 Exhibit 15-Docket, Parish v. City of Elkhart, et al., Case No. 07-cv-452, #16 Exhibit Exhibit List)(Slosar, Elliot)
 

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Update

Thursday, January 12, 2023
106 order Order on Motion to Compel Thu 01/12 4:49 PM
ORDER granting 94 Motion to Compel. The FLETC and FBI shall produce the information requested by Plaintiff through his subpoenas and related riders [DEs 94-2, 94-3, 94-6, and 94-8] by 2/13/23. The Court NOTES that Plaintiff's Rider to Subpoena to the Federal Law Enforcement Training Academy [DE 94-6 at 4] unnecessarily includes Defendant Chapman's full date of birth. The Court DIRECTS the Clerk to maintain the rider [DE 94-6 at 4] under seal. The parties are ADVISED to review each filing carefully for private information and to use the mechanisms for privacy protection provided in Fed. R. Civ. P. 5.2 appropriately. Signed by Magistrate Judge Michael G Gotsch, Sr on 1/12/23. (nal)
105 respm Reply to Response to Motion Thu 01/12 3:25 PM
REPLY to Response to Motion re 88 MOTION for Judgment on the Pleadings filed by Elkhart County. (Palcic, Jacob)
104 order Order on Motion to Withdraw as Attorney Thu 01/12 2:14 PM
ORDER granting101 Motion to Withdraw as Attorney. Tthe appearance of Adrienne Pope, Deputy Attorney General, is withdrawn. Signed by Magistrate Judge Michael G Gotsch, Sr on 1/12/23. (nhc)
order Order on Motion for Extension of Time to File Response/Reply Thu 01/12 9:18 AM
ORDER granting102 Motion for Extension of Time. Reply in support of motion for protective order86 to be filed by 1/26/2023. Approved by Magistrate Judge Michael G Gotsch, Sr on 1/12/23. (cck)
Wednesday, January 11, 2023
102 motion Extension of Time to File Response/Reply Wed 01/11 5:07 PM
MOTION for Extension of Time to File Response/Reply as to86 Joint MOTION for Protective Order (joined by Defendants City of Elkhart, Daggy, Converse, Snider, Thayer, Sigsbee, Bourdon, Coppins, Chapman, Becker, Elkhart County Prosecutor's Office and State of Indiana (Unopposed) by Defendants Vicki E Becker, Joel Bourdon, Dennis Chapman, Paul Converse, Carlton Conway, Brett Coppins, Mark Daggy, Elkhart City of, Elkhart County Prosecutor's Office, Michael Sigsbee, Peggy Snider, State of Indiana, Todd Thayer. (Fleming, Elizabeth)
101 motion Withdraw as Attorney Wed 01/11 10:22 AM
MOTION to Withdraw as Attorney Adrienne Pope by Defendant Vicki E Becker. (Pope, Adrienne)
 
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