INDIANAPOLIS — Now that Richard Allen has been sentenced, his lawyers said they will be appealing.
Allen’s lawyer has 30 days from the day of his sentencing to file an appeal on Allen's behalf. Nothing has been filed yet, but experts say it could take some time for that filing to take place.
Here's how it works.
The defendant, Allen, and his attorney would begin by filing a notice of appeal with the clerk of the court.
The clerk is located in the statehouse, but according to the court of appeals, the documentation will be filed electronically. The defense must also file their brief.
Once that is done, it can take from two to six months to get on the Court of Appeals' docket. The Court of Appeals says on average, it takes a little more than two months.
Many times, the court decides appeals without oral arguments. However, one IU law expert says it is likely there will be oral arguments in this case.
She feels Allen's lawyers will appeal based on how the trial was handled and several other factors.
"They will contend that they should have been allowed basically to present their defense that others were involved,” Jody Madeira, a professor with the IU Maurer School of Law, said. “That this involved ritual murder was conducted by practitioners of Odinism, and Richard Allen was not involved, that their client was innocent."
There are 15 Court of Appeals judges in Indiana. Three will be randomly selected to oversee the appeal assuming one is filed by Allen's attorneys.
All Court of Appeals oral arguments are live-streamed to the public, just like Supreme Court arguments in the state of Indiana.
One thing to note, Allen likely will not be at the Court of Appeals. He can request to be there, but a representative from the Court of Appeals says that is rare.
