Richard Allen’s attorneys turn to Supreme Court, request special judge
INDIANAPOLIS (WISH) — The defense for the man accused of killing two Delphi teens has asked the Supreme Court of Indiana to appoint a special judge to rule on motions they’ve made that Judge Francis Gull has not ruled on.
Richard Allen’s attorneys filed a Praecipe for Determination on Thursday to determine whether a ruling has been delayed beyond the time limitations set forth under trial rules.
The defense specifically mentions that several motions they have made in the case have not been ruled on by Judge Gull.
The defense has filed several Franks Motions, the third and fourth of which have yet to be ruled on by the judge.
The defense says it has been 119 days since they filed their Third Frank’s Notice, 72 days since they filed a Fourth Frank’s Notice, and 64 days since the court said it would rule on those motions.
According to the defense, Indiana trial rules say that if a court fails for 30 days to set a motion for a hearing or fails to rule on a motion, the submission of the cause may be withdrawn from the trial judge and transferred to the Supreme Court for the appointment of a special judge.
The defense also argues that there is no hearing required on the motions and the court still has not ruled on them, and more than 30 days has passed.
Allen’s attorneys are now asking that the delays recorded in the case history and that history be ‘promptly forwarded’ to the Executive Director of the Division of State Court Administration.
The entity would decide if the delay did occur, and if they rule it did, Allen’s attorneys request the case be submitted to the Supreme Court of Indiana for appointment of a special judge or other action deemed appropriate by the Supreme Court.
