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Buried baby murder trial delayed after both sides appeal judge's ruling

UPDATE @ 1:15 p.m.:

Warren County Prosecutor David Fornshell just confirmed to this news outlet that the state has also filed a notice of appeal concerning the medical records decision by Judge Donald Oda II in the Brooke Skylar Richardson case.

PREVIOUS REPORT: Judge’s decision on Carlisle teen’s medical records will trigger appeal

INITIAL REPORT:

There will be no trial Monday for Brooke Sklyar Richardson, who is accused of killing her infant and burying the child in the backyard of her Carlisle home.

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Defense attorneys Charles H. and Charles M. Rittgers filed an appeal today of Warren County Common Plea Judge Donald Oda II’s decision about medical records and patient/physician confidentiality.

Oda filed an order this morning vacating the trial date of April 16, noting a notice of appeal had been filed by the defense.

That appeal could take as long as eight months, according to Ben Manning, court administrator for the 12th District Court of Appeals.

Manning told this news outlet that the appellate judges will first have to determine if the ruling is a final appealable order that is in the court jurisdiction to decide. If it is not, the process could be shorter.

Warren County Prosecutor David Fornshell has indicated the state may appeal the split decision that Oda issued Thursday afternoon.

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