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Wednesday, October 17, 2012

Ind. Decisions - "Indiana Supreme Court to consider Randolph murder case"

Douglas Walker of the Muncie Star-Press reported yesterday in a long story that begins:

On Feb. 24, 2010, Brian “Scott” Hartman described to police how, a dozen days earlier, he had used a shotgun to kill his sleeping father in the family’s southwestern Randolph County home.

That task completed, Hartman said, he then helped his mother take her own life with an overdose of prescription medication.

A Randolph County judge and the Indiana Court of Appeals have ruled those statements can be used as evidence when Hartman, now 36, stands trial on charges of murder and assisting suicide.

But now the Indiana Supreme Court apparently will weigh in on the issue, which has kept the Hartman case at a legal standstill for nearly three years.

Chief Justice Brent Dickson has scheduled a Dec. 7 hearing in Indianapolis at which Hartman’s defense attorney, Mark Cox of Richmond, and lawyers from the Indiana attorney general’s office will argue the merits of the previous rulings.

If the Supreme Court decides to take action, it almost certainly will result in still another postponement of Hartman’s trial, now set for Jan. 14 in Randolph Circuit Court.

Brian Scott Hartman v. State of Indiana was a March 2, 2012 COA opinion re an interlocutory appeal.

A check by the ILB of both past ILB postings and its database of transfers shows that this case was not granted transfer, and has not yet been included on a Transfer List, including that for the week ending Oct. 10th.

A check of the docket (Case Number: 68 A 01 - 1106 - CR - 00264) shows that an order of the Supreme Court on Oct. 9, 2012 begins:

THE COURT HAS DETERMINED THAT THE ABOVE-CAPTIONED CASE WARRANTS ORAL ARGUMENT. * * * THE ARGUMENT WILL TAKE PLACE AT THE FOLLOWING DATE AND TIME: FRIDAY, DECEMBER 7, 2012, AT 9:45 A.M.

Posted by Marcia Oddi on October 17, 2012 01:26 PM
Posted to Ind. App.Ct. Decisions | Indiana Transfer Lists