Opinions Feb. 8, 2024

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Indiana Supreme Court
State ex rel. Richard Allen v. Carroll Circuit Court and the Honorable Frances C. Gull, Special Judge
23S-OR-311
Original action. Grants Richard Allen’s request to reinstate Andrew Baldwin and Brad Rozzi as his counsel but denies his request for an order for his trial to begin within 70 days and for a new judge. Finds the trial court did not find that Baldwin and Rozzi’s disqualification was a necessary last resort after weighing the prejudice to Allen. Also finds Allen did not make his 70-day trial request in trial court. Finally, finds Allen did not overcome the presumption of impartiality. Justice Geoffrey Slaughters concurs and dissents in part with separate opinion. 

Court of Appeals of Indiana
Thomas M. Hill v. State of Indiana (mem. dec.)
23A-CR-1721
Criminal. Affirms the Hendricks Superior Court’s order for Thomas Hill to serve 1,280 days in prison as a sanction for his probation violations. Finds that it was not an abuse of discretion for the trial court to order Hill to serve that time in prison, which was less than half of what the state requested.

Kevin M. Schoeff v. State of Indiana (mem. dec.)
23A-CR-1262
Criminal. Affirms Kevin Schoeff’s conviction of three counts of Class A felony and two counts of Class C felony child molesting. Finds the state produced sufficient evidence.

Thomas A. Turner v. Cheryl Baker, Estate of Frank Wallace, Andreas Baker, and Frank Wallace (mem. dec.)
23A-CT-2348
Civil tort. Affirms the Washington Superior Court’s dismissal of Thomas Turner’s complaint for failure to prosecute. Finds the trial court did not err.

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