Filed: 5/6/2024 8:33 PM

Carroll Circuit Court

Carroll County, Indiana

STATE OF INDIANA ) IN THE CARROLL CIRCUIT COURT

) SS:
COUNTY OF CARROLL )

STATE OF INDIANA ) CAUSE NUMBER: 08C01-2210-MR-00001

)
VS. )
)
RICHARD M. ALLEN )

STATE REQUEST FOR PRE-TRIAL RULING ON ADMISSIBILITY

COMES NOW the State of Indiana, by Prosecuting Attorney, Nicholas C. McLeland, and

hereby requests a pre-trial ruling as to the admissibility of certain communications made by

Richard Allen to a psychologist. In support of this request the State submits the following:

1. That Richard Allen has access to mental health services at the Indiana Department of

Corrections, where he has been housed for safe-keeping pursuant to court order.

2. That mental health personnel employed by Centurion Health, provide psychologists and

or counselors, to whom Richard Allen has made statements.

3. That in particular, Dr. Monica H. Wala, Psy.D., a psychologist licensed to practice in the

State of Indiana, has documented statements of Richard Allen, which the State believes

fall within an exception to confidentiality, pursuant to Indiana Code 25-33-1-17.

4. Indiana Code 25-33-1-17 Privileged communications between psychologists and clients,

states in part: “A psychologist licensed under this article may not disclose any

information acquired from persons with whom the psychologist has dealt in a

professional capacity, except under the following circumstances: (1) Trials for homicide

when the disclosure relates directly to the fact or immediate circumstances of said

homicide…”

1
 5. The State intends to offer into evidence the testimony of Dr. Monica Wala as documented

in her reports entitled Department of Corrections Behavioral Health Suicide Observation.

6. That the State seeks this ruling for the sole purpose of expediting the presentation of

evidence during trial, to put the defendant on notice as to the evidentiary exception, and

to obtain a pre-trial ruling on admissibility.

WHEREFORE, the State requests the court provide a ruling as to the admissibility of

Richard Allen statements through testimony of Dr. Wala testimony, per the exception cited in

I.C. 25-33-1-17(1) and for all other just and proper relief in the circumstances.

Respectfully submitted,

Nicholas C. McLeland
Attorney #28300-08
Prosecuting Attorney

CERTIFICATE OF SERVICE

The undersigned certifies that a copy of the foregoing instrument was served upon his
attorney of record, through personally delivery, ordinary mail with proper postage affixed or by
service through the efiling system and filed with Carroll County Circuit Court, this 6TH OF MAY
2024.

Nicholas C. McLeland
Attorney #28300-08
Prosecuting Attorney