Appellate Docket
December 2024
Amy Karozos files a Motion for Authorization to Appoint Two Appellate Attorneys on December 30, 2024.
January 2025
Judge Gull enters an Order on January 3, 2025.
- The State Public Defender files a Motion for Authorization to Appoint Two Appellate Attorneys. The Court authorizes the State Public Defender to appoint two attorneys to perfect the direct appeal in this cause.
Amy Karozos files an Acceptance of Appointment and Formal Notice of Appointment of Outside Counsel on January 8, 2025.
Judge Gull enters an Order of Record Concurring in Appointment on January 9, 2025.
March 2025
Mark Leeman and Stacy Uliana file Richard Allen's Notice of Appeal on March 11, 2025.
Notice Received from Court of Appeals on March 12, 2025.
- NOA Service to Trial Court.
Document Transmitted on March 12, 2025.
- Transcript Not Yet Completed Certificate of Service — Method Not Provided/Not Specified 03/13/25.
Notice of Completion of Clerk's Record on March 13, 2025.
Appearance by Deputy AG on March 17, 2025.
- (A. Sanchez and E. Meilaender) Certificate of Service — Electronically Served 03/17/25.
April 2025
Court Reporter's Motion for Extension of Time mailed on April 17, 2025.
Chief Judge Altice issues an Order on April 22, 2025.
- Court Reporter Jodie Williams has filed a Verified Motion for Extension of Time to File Transcript. Having reviewed the matter, the Court finds and orders as follows: 1. The Verified Motion for Extension of Time to File Transcript is granted. 2. The transcript is due on June 9, 2025. 3. The Clerk is directed to send this order to the parties and Court Reporter Ordered: 4/22/2025.
Document Transmitted on April 22, 2025.
June 2025
Jodie Williams files Court Reporter's Motion for Extension of Time on June 3, 2025.
Chief Judge Altice issues an Order on June 6, 2025.
- Having reviewed the matter, the Court finds and orders as follows: 1. The Verified Motion for Extension of Time to File Transcript is granted in part. 2. The transcript is due on July 9, 2025. 3. The Clerk is directed to send this order to the parties and Court Reporter Jodie Williams.
July 2025
Jodie Williams files a Notice of Filing Transcript on July 2, 2025.
Transmitted on July 6, 2025.
Notice of Completion of Transcript on July 7, 2025.
- Certificate of Service — Method Not Provided/Not Specified 07/07/25
Mark Leeman files the Appellant's Verified Motion for Extension of Time to File Appellant's Brief on July 29, 2025.
Loretta Rush enters an Order Approving Minimum Fees for Legal Services of the State Public Defender and Appointed Public Defenders on July 29, 2025.
- Pursuant to Indiana Code section 33-40-2-3, the State Public Defender has presented to this Court a schedule of minimum fees for attorneys appointed by that office in trial and appellate cases. The schedule aligns with changes directed by the Indiana Public Defender Commission to its Standards for Indigent Defense Services in Non-Capital Cases, and specifically Standard H - Compensation of Assigned Counsel. The Commission standards will be made effective January 1, 2023, for counties participating in the Commission's reimbursement program. We approve the State Public Defender's proposed schedule as set forth below. When the State Public Defender appoints public defenders in trial and appellate cases, with the concurring appointment of the requesting Judge as set forth in Indiana Code section 33- 40-2-2, the reasonable fees are charged to the requesting county. When the State Public Defender appoints outside counsel to represent an indigent petitioner in a post-conviction matter, the reasonable fees are paid by the Office of the State Public Defender. Since criminal cases vary greatly in the time and labor required, depending upon complexity of evidence, legal issues, and other matters, a flat fee system is not workable. In both instances, reasonable fees shall be determined on the basis of the hours required to perform the service. Further, the appointing court and the Office of the State Public Defender shall require a bill which clearly states the services performed, the expenses incurred, and the reasons for same. Effective January 1, 2023, in Non-Capital Cases, all in-court and out-of-court work (including client consultation, legal research, witness interviewing, legal drafting, hearings, etc.) shall be compensated at the hourly rate of not less than 75% of the capital rate required under Indiana Criminal Rule 24(C)(1), rounded up or down to the nearest $10/hour, with supporting documentation as to time spent. The effective date of any increases shall tier with the capital rate increases described below. Where delay not due to appointed counsel occurs, such time may also be billed. In Capital Cases all attorney time, in-court or out-of-court, will be billed at the rate established biennially by the Chief Administrative Officer of the Indiana Supreme Court, pursuant to Indiana Criminal Rule 24(C)(1) for cases filed or remanded after appeal on or after January 1 of each odd year. Post-conviction relief actions are initiated when post-conviction. Counsel files an appearance, notice of intent to petition for post-conviction relief or request to extend stay of execution under Criminal Rule 24(H). A successive petition is initiated when the Supreme Court authorizes its filing under Indiana Post-Conviction Rule 1(12). In both Non-Capital and Capital Cases use of an automobile, lodging, and meals when traveling for the client's business shall be compensated at the rates established by the Indiana Department of Administration and approved by the Indiana State Budget Agency. In addition, the attorney's salary for travel time is compensable. Costs and expenses incurred on the client's behalf shall be reimbursed where said costs were reasonably necessary for representation of the client. Charges for pre-authorized experts, accountants, investigators, medical doctors, and similar items will be borne by the county in cases where public defense counsel has been assigned at the court's requests and by the State Public Defender where the State Public Defender has appointed outside counsel. Done at Indianapolis, Indiana, on 7/29/2022.
August 2025
Chief Judge Altice issues an Order on August 4, 2025.
- Appellant has filed a Verified Motion for Extension of Time to File Appellant's Brief. Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Verified Motion for Extension of Time to File Appellant's Brief is granted. 2. Appellant's brief is due on September 5, 2025. Ordered: 8/4/2025
Mark Leeman and Stacy Uliana file the Appellant's Second Verified Motion for Extension of Time to File Appellant's Brief on August 28, 2025.
September 2025
Mark Leeman and Stacy Uliana file a Motion for Authorization for Funds for Attorney-Client Visit with the trial court on September 3, 2025.
Judge Gull issues an Order on September 8, 2025.
- This Court, having reviewed and considered Allen's Motion for Authorization of Funds for Attorney-Visit, hereby GRANTS the Motion and FINDS that an in-person confidential attorney-client visit is a necessary part of the representation in this cause of Mr. Allen on appeal. As such, this Court ORDERS that reasonable expenses associated with counsels' travel to and from the attorney-client visit in Oklahoma are authorized.
Mark Leeman files a Verified Motion to Compel Transmission of Exhibits and New Due Date and Exhibits on September 17, 2025.
October 2025
Chief Judge Altice issues an Order on October 3, 2025.
- (1) Appellant has filed a Verified Motion to Compel Transmission of Exhibits and New Due Date. Appellant states the transcript does not include certain exhibits. Specifically, the exhibits filed with Appellant's September 18, 2023 Motion for Franks Hearing and Exhibits 3A and 3B that were filed with Appellant's January 20, 2025 Motion to Correct Error. These exhibits were not offered or admitted during trial or a hearing. Thus, they are not part of the transcript. However, these exhibits are part of the Clerk's Record. See Ind. Appellate Rule 2(E). As such, the exhibits should be provided in Appellant's Appendix. See Ind. Appellate Rule 50(B). (2) Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Verified Motion to Compel Transmission of Exhibits and New Due Date is granted in part as a final extension. 2. Appellant's Brief is due on October 21, 2025.
Leeman and Uliana file a Motion for Reconsideration of Appellant's Motion to Compel Transmission of Exhibits and New Due Date and Exhibits on October 6, 2025.
Meilaeder files the Attorney General's Verified Response to Motion for Reconsideration of Motion to Compel Transmission of Exhibits and New Due Date on October 6, 2025.
Chief Judge Altice issues an Order on October 22, 2025.
- Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Motion for Reconsideration of Appellant's Motion to Compel Transmission of Exhibits and New Due Date is granted. 2. Within twenty (20) days of the date of this order, Court Reporter Jodie Williams is ordered to prepare and file with the trial court clerk Supplemental Exhibits volumes (both documentary and conventional/physical) containing the missing exhibits to Appellant's (a) September 18, 2023 Motion for Franks Hearing and (b) January 20, 2025 Motion to Correct Error as listed in the attachments submitted with the instant Appellant's Motion for Reconsideration of Appellant's Motion to Compel Transmission of Exhibits and New Due Date. 3. Within five (5) days of the date the Supplemental Exhibits volumes are filed, the Carroll Circuit and Superior Courts Clerk shall file an Amended Notice of Completion of Transcript with the Clerk of this Court and serve a copy of the Amended Notice on the parties. 4. Appellant's brief and appendix are due within thirty (30) days of the date the Amended Notice of Completion of Transcript is served. 5. The Clerk of this Court is directed to send this order and to the parties, the trial court, Special Judge Francis C. Gull, Court Reporter Jodie Williams, and the Carroll Circuit and Superior Courts Clerk. 6. The Clerk of the Court shall also send a copy of the instant Appellant's Motion for Reconsideration of Appellant's Motion to Compel Transmission of Exhibits and New Due Date, including all attachments, to Court Reporter Williams. 7. The Carroll Circuit and Superior Courts Clerk is directed to file this order under Cause Number 08C01-2210-MR-1 and, pursuant to Indiana Trial Rule 77(D), the Clerk shall place the contents of this order in the Record of Judgments and Orders.
Document Transmitted on October 22, 2025.
Note on October 22, 2025.
- A copy of the Appellant's Motion to Consider and related attachments were mailed to Court Reporter Jodie Williams per the order issued 10/22/25.