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Tuesday, May 28, 2013
Ind. Decisions - "Murder case remains in legal limbo"
WINCHESTER — The trial of a Randolph County man accused of killing his father was rescheduled — again — last week, and is now set to begin on Sept. 6.See also this related May 22nd post from Prof. Joel Schumm, headed "Appellants Have Been Striking Out at Oral Arguments on Whether to Grant Transfer." Hartman is the oldest case on the list of oral arguments awaiting decision on Appellants' petitions to transfer.
That would be only five months short of four years since Brian “Scott” Hartman, now 36, allegedly shot his father, also named Brian Hartman, in the family’s home in the 9700 block of South Randolph County Road 425-W. * * *
Randolph Circuit Court Judge Jay Toney and the Indiana Court of Appeals have ruled that incriminating statements Hartman allegedly made concerning his parents’ deaths can be used as evidence in his trial.
Last December, the Indiana Supreme Court held a hearing on defense attorney Mark Cox’s bid to have the state’s highest court consider his contention that his client’s statements should be ruled inadmissible.
The Supreme Court has the options of accepting transfer of the case, likely leading to further hearings, or declining to intercede, or issuing a ruling based on the testimony at the Dec. 7 hearing.
To this point — 171 days since conducting their hearing — the court’s justices have done nothing, bringing the Hartman case to a legal standstill.
Hartman has spent nearly 1,200 days in the Randolph County jail awaiting resolution of the case.