Prosecutors are challenging a move by a man facing the death penalty to delay proceedings in the case.
Marcus Dansby, 23, wants the pause so the Indiana Supreme Court can decide whether a local judge erred when she rejected a request to exclude the death penalty as punishment for the alleged 2016 killings of four people – including Dansby's unborn child.
Lawyers for Dansby had asked Allen Superior Court Judge Fran Gull to declare the state's capital punishment statute unconstitutional and throw out the death penalty because of his age – 20 – at the time of the slayings. Gull, who must approve sending the issue to the high court, denied both requests in February.
Allen County Deputy Prosecutor Tom Chaille filed paperwork Monday asking the judge to deny Dansby's request to appeal.
“(He) has entirely failed to show that the delay predictably resulting from the proposed interlocutory appeal would have any justification arising from any effect on (Dansby), upon the orderly disposition of the case, or upon the adequacy of any available remedy,” a three-page document signed by Chaille states.
Gull has not issued a ruling.