a. When a defendant has a pending case in Circuit Court, Superior Court No. 1, Superior Court No. 2, or Superior Court No. 3, the Clerk shall file any subsequent criminal case types (MR, F1, F2, F3, F4, F5, F6, or CM) in the same court as that of the pending case. However, this subparagraph does not apply to F6 or CM case types with one (1) or more OWI offenses (IC 9-30-5) charged.
b. When a defendant has a pending case in Superior Court No. 4, or Superior Court No. 5, or Superior Court No. 6, the Clerk shall file any subsequent F6 or CM case types (except those assigned to Superior Court No. 3 or 6 pursuant to Section 301.30) in the same court as that of the pending case.
c. When a defendant’s only pending cases are in Superior Court No. 4, or Superior Court No. 5, or Superior Court No. 6, the Clerk shall file any subsequent case types listed under Sections 301.30 or 301.40 as set forth in Sections 301.30 and 301.40.
d. When the State elects to name two or more individuals or entities as defendants pursuant to LR 29-CR00-303, Section 303.10, and more than one (1) such co-defendant has a pending case, then the Clerk shall file the causes under the procedure set forth in Section 303.10 [but notwithstanding Section 303.10(b)(1)] into the Court with the oldest pending case for which the defendant has personally appeared. The “oldest” case shall be determined by the earliest filing date.
e. It shall be the duty of the Prosecuting Attorney or Deputy Prosecuting Attorney to file written notice with the Clerk that a defendant has a pending case that requires the Clerk to follow the filing requirements of this rule.
f. If a conflict arises between Sections 301.30 and 301.80, Sections 301.30 controls.
g. A Court, at the request of both parties, may transfer a case to another Court where the defendant has a pending case, as defined by this rule, provided that the receiving Court agrees to accept the transfer.301.90 Notwithstanding the above, the Prosecutor of Hamilton County has the discretion to file the following CM cases in a city court:
a. IC 7.1-5-1;only if the misdemeanor allegedly occurred within the limits of the city and the case is not considered a subsequent case under Section 301.80.
b. IC 7.1-5-7 (except for 7.1-5-7-8);
c. IC 9-21-8;
d. IC 9-24-18;
e. IC 9-24-19;
f. IC 9-26-1;
g. IC 9-30-16;
h. IC 35-48-4-8.3; and
i. IC 35-48-4-11,
a. Begin with a set number of cases which is evenly divisible by the applicable number of Hamilton County Courts.
b. Divide the set number of cases by the percentages for each type of case per Court resulting in the number of each type case for each Court which shall equal the percentages.
c. These cases are then pulled and/or selected for individual case number assignment one by one on an impartial random selection basis.
a. When the Prosecutor of Hamilton County, individually or through deputy prosecutors, elects to file a felony or misdemeanor case in which two or more individuals or entities are named as Defendants, at the time of the filing of said charges, said Prosecutor or Deputy Prosecutor shall file notice with the Clerk of Hamilton County that said case is to be treated under this rule.
b. Upon receiving notice for treatment of a case under this rule, the Clerk shall take the following action:
(1) First, the Clerk shall randomly select a Court designated to receive the type case being filed under the Random filing rule approved by the Judges of the Hamilton Circuit and Superior Courts,c. Each Defendant's case filed under this rule shall be treated as a separate and distinct case, and Co-defendant's cases will not be consolidated for trial unless said consolidation is approved by separate order of the assigned Judge.
(2) Second, the first named defendant in the multiple defendant information shall be assigned the next available cause number in the randomly selected Circuit or Superior Court.
(3) Third, the remaining Defendants shall each be assigned the next available cause number in the randomly selected Circuit or Superior Court in the order of their appearance on the charging information.
(4) Fourth, the Clerk shall treat each cause number assigned under this rule as a separate and distinct case, and shall remove from his/her random selection pool the number of cases assigned hereunder in order to maintain the percentage allocations set forth in the Random Filing Rule.
d. The Clerk shall follow this rule only when the State files the co-defendant cases simultaneously.
e. This rule shall remain in full force and effect unless otherwise modified, amended, or repealed by separate written instructions adopted by the Judges of the Hamilton Circuit and Superior Courts.
a. defendant shall appear in court at all times required by the Court;
b. defendant shall not leave the State of Indiana without the prior written consent of the Court;
c. defendant shall not commit nor be arrested for another criminal offense;
d. defendant shall keep his or her attorney and the Court advised in writing of any change of address within 24 hours of such change; and
e. any other condition set forth in Appendices A and/or A(1) or as ordered by court. Pursuant to IC 35-33-8-3.2(a)(4) a defendant’s release may also be conditioned upon refraining from any direct or indirect contact with the alleged victim of an offense or other individual as ordered by the Court. Violation of any condition of release may result in the Court revoking the defendant’s release and issuing a re-arrest warrant.
a. shall adjust the bond to conform with the actual charges filed by the State;
b. may increase the bond, if an increase is warranted by the circumstances;
c. may reduce the bond, if multiple charges have been filed, to an amount not lower than the highest class bond for one charge (unstacking), if a reduction is warranted by the circumstances; and
d. may release the defendant on his or her own recognizance for medical reasons if recommended by the Sheriff and if notice has been given to the prosecuting attorney.
a. Sign a Request for Waiver of Initial Hearing on the [Form CR00-306)] approved by the Courts and available at the Magistrate's office; and
b. File a written Appearance, a CCS entry [Form TR77-202], and the Request for Waiver of Initial Hearing at the clerk's office. The CCS entry should show the Request for Waiver of Initial Hearing either granted or denied and provide spaces for the Court to fill in the appropriate omnibus date, and dates for any pre-trial and trial settings that the Court would otherwise have set at the initial hearing.
a. Complete the paperwork required in LR29-CR00-306.20; and
b. Deliver a courtesy copy to the Magistrate's Office along with a copy of the summons for the defendant's scheduled initial hearing date.
a. Within thirty (30) days from the entry of an appearance by an attorney for a defendant, or from the formal filing of charges, whichever occurs later, the State shall disclose all relevant items and information under this rule to the defendant, subject to Constitutional limitations and such other limitation as the Court may specifically provide by separate order, and the defendant shall disclose all relevant items and information under this rule to the State within ten (10) days after the State's disclosure. Both parties shall furnish items disclosed and required to be furnished under this Rule within a reasonable time thereafter.
b. No written motion is required, except:
(1) To compel compliance under this rule;c. Although each side has a right to full discovery under the terms of this rule, each side has a corresponding duty to seek out the discovery. Failure to do so may result in the waiver of the right to full discovery under this rule.
(2) For additional discovery not covered under this rule;
(3) For a protective order seeking exemption from the provisions of this rule; or,
(4) For an extension of time to comply with this rule.
a. The State shall disclose the following materials and information within its possession or control:
(1) The names and last known addresses of persons whom the State intends to call as witnesses along with copies of their relevant written and recorded statements;b. The State shall disclose to the defendant(s) any material or information within its possession or control that tends to negate the guilt of the accused as to the offenses charged or would tend to reduce the punishment for such offenses.
(2) Any written, oral, or recorded statements made by the accused or by a co-defendant, and a list of witnesses to the making and acknowledgment of such statements;
(3) If applicable, the State shall disclose the existence of grand jury testimony of any person whom the prosecuting attorney may call as a witness at any trial or hearing in the case. In addition, the State shall provide a copy of those portions of any transcript of grand jury minutes, within the State's possession, which contain the testimony of such witness or witnesses. If such transcripts do not exist, the defendant may apply to the Court for an order requiring their preparation;
(4) Any reports or statements of experts, made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments or comparisons;
(5) Any books, papers, documents, photographs, or tangible objects that the prosecuting attorney intends to use in the hearing or trial or which were obtained from or belong to the accused;
(6) Any record of prior criminal convictions that may be used for impeachment of the persons whom the State intends to call as witnesses at any hearing or trial; and
(7) Any criminal history information or documents regarding the defendant and sourced from criminal justice information (CJI) systems, the bureau of motor vehicles, or other governmental agency.
c. The State may perform these disclosure obligations in any manner mutually agreeable to the State and the defendant. Compliance may include a notification to the defendant or defense counsel that material and information being disclosed may be inspected, obtained, tested, copied, or photographed at a specified reasonable time and place.
d. The State may refrain from providing a witness' address or other contact information under this rule if the State in good faith believes the disclosure of the witness' address or other contact information may jeopardize the safety of the witness or the witness' immediate family. If the State does not disclose the witness' address or other contact information in its possession for the reason stated under this rule then this State shall make the witness available to the defense counsel upon reasonable notice. Disputes among the parties concerning this lack of disclosure shall be resolved in accordance with Ind. Trial Rule 26(F).
a. Defendant's counsel (or defendant where defendant is preceding pro se) shall furnish the State with the following material and information within his or her possession or control:
(1) The names and last known addresses of persons whom the defendant intends to call as witnesses along with copies of their relevant written and recorded statements;
(2) Any books, papers, documents, photographs, or tangible objects defendant intends to use as evidence at any trial or hearing;
(3) Any medical, scientific, or expert witness evaluations, statements, reports, or testimony which may be used at any trial or hearing;
(4) Any defense, procedural or substantive, which the defendant intends to make at any hearing or trial; and
(5) Any record of prior criminal convictions known to the defendant or defense counsel that may be used for impeachment of the persons whom the defense intends to call at any hearing or trial.
a. Discretionary Disclosures: Upon written request and a showing of materiality, the Court, in its discretion, may require additional disclosure not otherwise covered by this rule.
b. Denial of Disclosure: The Court may deny disclosure required by this rule upon a finding that there is substantial risk to any person of physical harm, intimidation, bribery, economic reprisals, or unnecessary annoyance or embarrassment resulting from such disclosure to defendant or counsel.
c. Matters not subject to Disclosure
(1) Work Product: Disclosure hereunder shall not be required of legal research or records, correspondence, reports, or memoranda to the extent that they contain the opinions, theories, or conclusions of the State or members of its legal or investigative staff, or of defense counsel or counsel's legal or investigative staff; and
(2) Informants: Disclosure of an informant's identity shall not be required where there is a paramount interest of non-disclosure and where a failure to disclose will not infringe upon the Constitutional rights of the accused. Disclosure shall not be denied hereunder of the identity of witnesses to be produced at trial or hearing.
(3) Protective Orders: Either the State or defense may apply for a protective order for non-disclosure of discovery required hereunder or any additional requested discovery.