« Ind. Courts - "The defense and prosecuting attorneys were present, but the judge was not, due to personal reasons" | Main | Ind. Gov't - More on: "Petitions U.S. Supreme Court, Seeks Equitable Compensation for Indiana Funds Affected by Chrysler, LLC Bankruptcy" »

Sunday, September 06, 2009

Ind. Decisions - "Judge will remain in Jay County murder cases"

The August 26th NFP decision in Thomas A. Smith, Michael J. Heffern, Tina L. Whiting, Addison R. Pijnapples, and Roderick Berry v. State of Indiana is the subject of a story today in the Muncie Star-Press:

PORTLAND — Judge Brian Hutchison will continue to preside over five local murder cases, the Indiana Court of Appeals has ruled.

In an Aug. 26 decision, the appeals court rejected change-of-judge motions filed by attorneys for Roderick Berry, Michael P. Heffern, Addison Pijnappels, Thomas A. Smith and Tina L. Whiting, all charged with murder and robbery in the 2008 slaying of Shawn M. Buckner.

The 28-year-old Portland man's body was found last Sept. 10 in a shallow grave in northeastern Delaware County. * * *

The defense attorneys had claimed Hutchison had displayed bias against the murder defendants, first in comments he purportedly made to a Portland attorney and then during a probable cause hearing.

Hutchison's decision to remain on the cases was upheld by the state appeals court, which noted that requests that the judge disqualify himself were based in part on "second-hand hearsay."

Smith and Pijnappels, who are married, are 20-year-old Portland residents. Whiting, 37, and Heffern, 30, are also from Portland, while Berry, 21, is from Dunkirk.

Trial dates have not been set. The defendants have also requested that their trials be moved out of Jay County, and Whiting and Berry have filed documents necessary to pursue an insanity defense.

Here is the ILB summary of the decision.

Here is a list of earlier ILB entries mentioning Judge Brian D. Hutchison.

Posted by Marcia Oddi on September 6, 2009 10:53 AM
Posted to Ind. App.Ct. Decisions