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Counsel for Benjamin Ritchie, a man convicted in 2002 of murdering Beech Grove Police Officer William Toney, have until Nov. 1 to file a clemency request in response to the state’s motion to set an execution date, Indiana Supreme Court Chief Justice Loretta Rush wrote in an Oct. 3 order.
In a Sept. 27 motion, the state argued Ritchie has “no further grounds available” to review his convictions or sentence, and that there’s no active stay preventing his execution.
The new deputy state public defender responded to the state on Oct. 1, asserting Ritchie plans to file a response to the state’s motion.
Ritchie’s new counsel has not represented him before and asked for time to complete their review of Ritchie’s case file to determine his next steps.
Amy Karozos, the lead public defender for the state, told the Indiana Lawyer Monday that Ritchie’s counsel will file a response and are assessing the best route to take.
Appellate Rule 34 permits a party to file a response to a motion within 15 days after the motion is served. Appellate Rule 35 permits extensions of time for briefing deadlines.
The Indiana Supreme Court has granted Ritchie 30 days to file a response to the state’s “Verified Motion to Set Execution Date.” He must submit the response by Nov. 1.
The state then has until Nov. 18 to respond to Ritchie, and Ritchie will have until Dec. 2 to file a response.
The supreme court will take the state’s request under advisement at the conclusion of the briefing.
Ritchie was convicted of shooting and killing Toney during a pursuit after Ritchie and two others stole a van from a gas station on September 29, 2000.
Ritchie was 22 years old when he was convicted by a jury, who unanimously recommended the death sentence, according to the Indiana Capitol Chronicle.
All justices concurred in the Oct. 3 order except Justice Mark Massa, who did not participate.
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