DELPHI — The Indiana supreme court has denied a motion to dismiss Judge Fran Gull from the Delphi Murders trial.
According to recent court filings, the supreme court ruled the withdrawal of Judge Gull is unwarranted.
The supreme court agreed with the defense that Judge Gull missed a deadline that could lead to her removal from the case, however, because the defense continued to file motions, Richard Allen is not protected by this trial rule.
The supreme court says Richard Allen filed a motion on March 31 to be ruled on by April 12. Judge Gull failed to issue a ruling by April 12.
However, instead of filing the motion to withdrawal judge Gull, Allen filed an additional motion.
"According to T.R. 53.1(A), if a trial judge fails to rule on a motion or set the motion for a hearing within 30 days, the cause may be withdrawn from the trial court. However,
Mr. Allen has waived any relief under T.R. 53.1 by filing motions beyond the time that either party could have legitimately raised a claim for removal," documents state.
The trial for Richard Allen, who is accused of killing Abby Williams and Libby German in 2017, has been set for October 14.
A 3-day hearing is set for July 30 through August 1, 2024, at 10 a.m. in the Carroll Circuit Court.
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