Filed: 11/9/2023 10:00 AM

IN THE
INDIANA SUPREME COURT
CASE NO. 23S-OR-311

STATE OF INDIANA ON THE )

RELATION OF RICHARD ALLEN, )
)
Relator, )
v. ) CAUSE NO. 08C01-2210-MR-000001
)
THE CARROLL CIRCUIT COURT )
and THE HONORABLE FRANCES )
C. GULL, SPECIAL JUDGE, )
)
Respondents.
)

RELATOR’S OBJECTION TO RESPONDENTS’

MOTION FOR EXTENSION OF TIME

Relator, Richard Allen, by counsel, Cara Schaefer Wieneke and Mark Leeman,

respectfully object to Respondents’ request for an extension of time within which to file

their responses. Relator states the following:

1. Since November 2022, Relator has been confined in a maximum-security

segregation unit in the DOC, where he has been subjected to conditions that have led to

him losing nearly half his body weight and, at times, experiencing symptoms of

psychosis. On several occasions, his trial attorneys requested his move to a better facility.

On one of those occasions, Attorney Rozzi himself arranged for Relator’s move to the Cass

County Jail, where the Cass County Sheriff agreed to accept Relator. Yet these repeated

requests were denied. Every day that Relator spends in those conditions has a

deleterious effect on Relator.

1
 2. Moreover, Relator was set to proceed to trial in January 2024 with a well-

developed trial strategy and proffered defense. Yet due to the actions of Respondents,

that trial date has been continued for at least nine months. Relator is in a state of limbo

and cannot move forward until this action is resolved.

3. Undersigned counsel were retained to initiate this original action on

November 1, 2023. Despite their heavy caseloads, counsel were able to file this action

only five days later. Respondents currently have seven days from the filing of this

objection to respond.

4. During counsel’s preparation time, they were denied by Respondents the

ability to obtain one of the transcripts relevant to this action or even to listen to the

audio recording from that proceeding. For the other transcripts, the court reporter for

Respondent refused to accept undersigned counsel’s promise of payment by mail, even

though they are officers of the court. The court reporter also refused to email electronic

copies of the transcripts to counsel. This required counsel to physically drive to Allen

County and back to obtain the transcripts.

5. Finally, Respondents were aware Relator was filing this action no later than

November 2, 2023, when the court reporter contacted undersigned counsel about the

request for an expedited transcript. On November 3, 2023 at 9:00 a.m., Deputy Attorney

General Angela Sanchez contacted Attorney Wieneke and asked how soon Relator would

be filing the next original action, so that the Attorney General could make arrangements.

Attorney Wieneke immediately responded that Relator would be filing on Monday

morning, that there would be an emergency writ request, and that we had an

organization that would be filing an amicus brief. When the original action was filed on

2
the morning of November 6, Relator sent a copy of all pleadings to Respondents’ counsel,

Attorney Gutwein.

WHEREFORE, Relator, by counsel, respectfully objects to Respondents’ request

for an extension of time.

Respectfully submitted,

/s/ Mark Leeman

Mark K. Leeman, #29109-09
LEEMAN LAW OFFICE
412 East Broadway
Logansport, Indiana 46947
574-722-3881

/s/ Cara Schaefer Wieneke

Cara Schaefer Wieneke, #24374-49
WIENEKE LAW OFFICE, LLC
P.O. Box 368
Brooklyn, Indiana 46111
PH (317) 331-8293
E-mail: cara.wieneke@gmail.com

Attorneys for Relator Richard Allen

3
 CERTIFICATE OF SERVICE

I hereby certify that a true copy of the foregoing has been delivered

through IEFS to the following, this 9th day of November, 2023:

Indiana Attorney General Theodore Rokita

Matthew R. Gutwein and Christopher S. Stake, DeLaney & DeLaney

Joel Schumm and Bernice Corley, IPDC

Cara Schaefer Wieneke, #24374-49

WIENEKE LAW OFFICE, LLC
P.O. Box 368
Brooklyn, Indiana 46111
PH (317) 331-8293
Email: cara.wieneke@gmail.com
Attorney for Appellant