EXHIBIT I 

Certified copy of Chronological Case Summary of 

Lana R. Canen v. State of Indiana, Elkhart Circuit Court, 

Cause No. 20C01-0908-PC-00018 

USDC IN/ND case 3:14-cv-00315-RL document 42-9 filed 09/10/15 page 1 of 6
CnnoNor,ocrcar. C.lsn Sunrn¿¡ny

C¿.sn Suvrvr¡.nv

cnsn No. 20c01-0908-PC-00018

Lana R Canen V State Of Ind $

s

s

$

$

Location: Elkhart Circuit Court

Judicial Officer: Shewmaker, Terry C

Filed on: 0812712009

Original County Cause C109PC18

Number:

(.l,ts'll I NIi{)tti!t,t' f 'tilN

Related Cases

20C01-0409-MR-001 18 (Other)

Statistical Closures

10/12/2012 BenchDisposition

Case Type: PC - Post Conviction Relief

Petition

Case

Status: l0ll2l20l2 Decided

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Current Case Assignment

Case Number

Court

Date Assigned

Judicial Officer

20c0 I -0908-PC-000 r 8

Elkhart Circuit Court

0812712009

Shewmaker, Terry C

PÅRTY INF{XIMATIOI'¡

Petitioner

Respondent

Canen #152256, Lana Rae

Roclwille Correctional Fac

811 n50N

Roclcville, IN 47872

State oflndiana

Attorneys

Wieneke, Cara Schaefer

Retained

3 17-839-0536(F)

317-331-8293(W)

Wieneke Law Oftìce, LLC

PO Box 188

Plainfield, IN 46168

Wieneke, Joel Craig

Retained

3 17-839-0536(F)

3t7-718-7187(W)

P O BOX t88

PLAINFIELD,IN 46168

Pitzer, Donald Elden

Retained

574-296-1888(W)

Ofice of the Prosecuting

Attorney

301 S Main St, Suite 100

Elkhart, IN 46516

D.qï'n, IivtlN'fs & Gnp*ns ot'Trrlt Cc,¡t;nr TNl}f;X

0812712009

09lot/2009

Converted Event

docket level comment: CJ (Ct04MRI l8)

Converted Event

Deft as a self-represented litígant, /ìles Post-Convictíon Relief Petition together w/Affidøvit of

Indigency; Clerk to þrward a copy of saidfiling to all. Court now appoínts the State PD to

representtheDeftonherPCR.CourtsetsthismatterfortelephonicstatusconfDec.17,2009

at I : 15 p.m. (COPY) cj (ALSO SEE C I)4MR| l S) 9-l -09 SEE C104MR1 18 FOR ENTRY

(RJO? N) | JTS Minute Entry Date: 2009-08-27

Converted Event

Stqte PD fìles Motion to Ilithdraw Appearance and Notice of Appointment of Outside Counsel.

03t22/2010

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10/2512010

t2/13/2010

02/r4/2011

03lts/2011

03122/2Qtt

04lt4l20tl

05/06/20tt

06/06/2011

Cnnonoloclcar, Casn Suuvr¡nv

Crsn Sunnvr¿,ny

clsn No. 20c01-0908-PC-00018

Motion granted; the appearance of J. Jffieys Merryman is withdrawn and Cara Schaefer

LVieneke is appt'd as outside counsel, per OfuDER. The expense of said appointment will be

borne by the Office of the State PD. (C)PY) cj DISPOSED (RJO? N) | JTS Minute Entry Date:

20t0-03-22

Converted Event

Deft/Petitioner, by counsel, Jiles Petitioner's Second Motionfor Continuance w/proposedform

of Order and Motíon to Reserye Eyídence w/proposedforn of Order. (COPY) cj ------- l0/25/2010 State oflndiana having no objectíon to either Motion, the Court now grants

Petitíoner's Second Motionfor Continuance. Hrg on PCR Petítion scheduledfor Dec. 16, 2010

is cont'd and reset to June 30, 201I at l:30 p.m. Shf to transport Deft, per ORDER. Court now

vacates TO previously issuedApr. 9, 2010. Court also grants Petitioner's Motionto Preserve

Evídence, per OfuDER. (ORDER/COPY) cj (RJO? N) | JTS Minute Entry Date: 2010-10-20

Converted Event

Deft/Petitioner, by

sets this matterfor

r2-t0

counsel, files Motion to Compel Production of Client's File. The Court now

hrg Dec. 20, 2010 at 2:45 p.m. cj (RJO? N) | JTS Minute Entry Date: 2010-

Converted Event

Deft/Petitioner, by counsel, files Petitioner's Motionfor Discovery together w/copy proposed

form ofOrder. After reviewing the record in this matter and the /ìlings, the Court now

indicates it will grant said Motion ín the absence ofobjection by any party or counsel of

recordw/in I0 days of receipt of this entry. cj (RJO? N) | JTS Minute Entry Date: 201I-02-14

Converted Event

DATE FILED: 03/l4/201 I - State, by DPA Francisco, files State's Verified Objectíoní to

Petítioner's Motionfor Discovery. (COPY) cm (RJO? N) | JTS Minute Entry Date: 201 1-03-l5

Converted Event

Court being advised that neither counsel receíved the Court's entry of Feb. 14, 201 I , the Court

now vacøtes its ORDER entered Feb. 14, 201I granting Petitioner's Motionfor Díscovery. The

Court on its own motion sets this matter for telephonic status conf Apr. 14, 201 I at I : l5 p.m.

cj (RJO? N) | JTS Minute Entry Date: 201I-03-22

Converted Event

State of Indiana appears by DPA David L. Francisco. Deft appears by Cara Schaefer llieneke,

his atty, via telephone. Status conf held re: Deft/Petitioner's Motionfor Discovery. Arguments

of counsel are heard. Before granting any relief to Atty Wieneke, the Court will require her to

exhaust investigative efforts with the PD Offìce to determine íf ín fact there was any

investigative work done w/respect to/inger prints. If it is determined there was no suchwork

done by the PD Ofiice, then over the objection of DPA Francisco the Court wíll permit Atty

Il'ienelæ to conduct scientific examination related to finger prints in a mønner the parties can

agree upon. With respect to the other evidence sought by Atty Wieneke, she has acquired it

through other sources and DPA Francisco is prepared to deliver the same to Atty Wieneke,

however, it is not necessary to do so. cj (RJO? N) | JTS Minute Entry Date: 2011-04-14

Converted Event

DATE FILED: May 5, 201I - Deft/Petitioner, by counsel, files Notice to the Court and

Renewed Motionfor Discovery together w/proposedform of Order. The Court now sets this

matterfor hrg June 2, 2011 at 1: I5 p.m. Court indicates it will permit telephonic participation.

cj (NO? N) | JTS Minute Entry Date: 201I-05-06

Converted Event

HEANNG HELD: June 2, 201I - State of Indiana appears by DPA Døvid L. Francisco. Deft

appears by Cara Schaefer llieneke, hís atty. Cause comes onfor status conf; Court determines

matters dre contested. Cause setfor contested hrg on the díscovery matters discussed this date

will be the subject of the next scheduled hrg June 30, 201 I at l:30 p.m. Hrg on PCR Petition is

reset to Nov. 17, 201I at 8:30 a.m. Shf to transport Deft, per ORDER. (ORDER/COPY) cj

(RJO? N) | JTS Minute Entry Date: 2011-06-06

Converted Event

DATE FILED: June 23, 201I - Deft/Petitioner, by counsel, files Petitioner's Motíonfor

Continuance of Contested Díscovery Hearíng together w/proposed form of Order. (COPY) cj -

06/2912011

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07/11/2011

08129/2011

l2l23t20rt

0t/25/2012

02/22/2012

03/19/2012

0512112012

07/26/20t2

08/08/2012

Cnnoxor,ocrc¡.1 Cesn Suuu¡.nv

Casn Suvrvr¡,nv

c¡sn No. 20c01-0908-PC-00018

COURT ACTION: June 27, 201I - State of Indiana having no objection to the

Petitioner's Motionfor Continuance the Court now grants said Motion; contested hrg

scheduledfor June 30, 201 I ís cont'd and reset to Nov. 17, 201 I at l: j0 p.m., to be held in

conjunctíon w/PCR hrg scheduled on said date. cj (RJO? N) | JTS Minute Entry Date: 201 l06-29

Converted Event

Deft/Petitioner, by counsel, files courtesy copy of two Notices of Deposítion. cj (NO? N) | JfS

Minute Entry Date: 201I-07-l I

Converted Event

Deft/Petitioner, by counsel, files Notice of Deposition. (COPY) cj (RJO? N) | JTS Minute Entry

Date: 201 1-08-29

Converted Event

HEANNG HELD: December 22, 2011 - State of Indiana appears by DPA David L. Francisco.

Deft appears by Cara Schaefer Wieneke, her atty, via telephone. Atty Ilieneke will be filing a

request to anend PCR Petition; said motion will be granted w/o objection. The present hrg on

this matter, íf any, is rescheduled to Aug. 16, 2012 at I:30 p.m.; Shf to transport Deft, per

ORDER. Cause setfor telephonic status conf May 17, 2012 at I:30 p.m. cj (NO? N) | JfS

Minute Entry Date: 201l-12-23

Converted Event

Deft/Petitioner,

Live Testimony

by couns el, Jìles Petitioner's Motion

t oge t her w/pr op os e d form of Order.

to Talæ Videotaped Deposition in Lieu of

The Court now indicates

Motion ín the absence of objectíon by any party or counsel of record w/in I 0

this entry. cj (RJO? N) IJTS Mínute Entry Date: 2012-01-25

Converted Event

FILING RECEIVED: February 16,2012 - Deft/Petitioner, by counsel,Jìles Petitioner's Reply

to State's Objection to Petitioner's Motion to Take Videotaped Deposition in Lieu of Live

Testimony; saíd pleading hat'ing been/ìled by cert mail, rn, is deemedJiled Feb. 14, 2012

(date of mailing). cj ------ COURT ACTION: February 21, 2012 - After reviewing the

record herein and the Deft/Petitíoner's /ìling of Feb. 16, 201 2, the Court notes the State of

Indianafiled íts Opposition to Petitioner's Motion to Take Videotaped Depositíon in Lieu of

Live Testimony of witness, Nina Porter. The Court denies the Deft/Petitioner's request at thís

time w/respect to the ttideotaped deposition and resets arguments on the matter from counsel

at the May 17, 2012 telephonic status conf. cj (RJO? N) | JTS Minute Entry Date: 2012-02-22

Converted Event

Deft/Petitioner, by counsel, files Notice of Deposítíon. cj (RJO? N) | JTS Minute Entry Date

2012-03-19

Converted Event

HEANNG HELD: May 17, 2012 - State of Indiana in court by DPA David L. Francisco. Deft

in court by Cara Schaefer Lllieneke, State DPD, via telephone. Cause coming onfor status

conf; cause resetfor addt'l status confAug. 2, 2012 at 1:15 p.m. Counsel are directed to

determine whether or not the Indianq State Police will participate in the relesting beíng

requested. cj (RJO? N) | JTS Minute Entry Date: 2012-05-21

Converted Event

DATE FILED: July 26, 2012 - Deft/Petitioner, by counsel, files Petitioner's llitness and

Exhibit Lßtfor PCR Evidentiary Hearing. cj (RJO? N) | JTS Minute Entry Date: 2012-07-26

Converted Event

COURT ACTION: August 2, 2012 - State of Indiana appears by DPAs David L. Francisco and

Don E. Pitzer, II. Deft appears by Cara Schaefer l4/ieneke, her atty. Status conf held; all

remaining issues are set for contested hrg Aug. I 6, 20I 2 at I : 30 p.m. cj (RJO? N) | JTS

Minute Entry Date: 2012-08-08

Converted Event

DATE FILED: August 23, 2012 - Deft/Petitioner, by counsel, Cara Schaefer Ilieneke, Spacial

Assistant to the State Public Defender, files via FAX, Petitioner's Verífied Notice to the Court

and Requestfor Immediate Ruling on Petitionfor Post-Conviction Relief and Releasefrom

08127/2012

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USDC IN/ND case 3:14-cv-00315-RL document 42-9 filed 09/10/15 page 4 of 6
08/27t2012

09/2r/2012

09/2512012

l0/12t20t2

l0/12t20r2

CnnoNor.ocrc¡l C¡sn Suurø,ny

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c¡,sn No. 20c01-0908-Pc-00018

Incarceration together w/proposedforrn of Order. cj ------ COURT ACTION: August 24,

2012 - After reviewing thefiling of Aug. 23, 2012, the Court notes it already has this matter

under advisement and will rule in a prompt føshion. The Court further notes that the proposed

Order submitted by Atty Ll/íeneke purports to request that the PCR Petition be granted w/o

further hrg and the Deft/Petitioner's convictionfor murder in this cause reyersed. Court

further notes the proposed Order purports to order that the Deft/Petitioner be releasedfrom

íncarceration. The Court notes the original ffinse was the offense of murder for which there

is no bond. If the Court grants the PCR Petitíon, the Deft/Petitioner would have her cotniction

overturned and be returned to the Elkhart County Jail and be heldwithout bond until her retrial in this action. Accordingly, the Court declines to order her immediate releasefrom the

IDOC at this time since the Court has this matter under advisement andwill issue a prompt

ruling. The Court directs that the State of Indiana respond in writing to the Deft/Petitioner's

Verified Notíce to the Court and Requestfor Immediate Rulíng on Petitionfor Post-Cowiction

Relief and Release from Incarceration if they wish to do so. cj (RJO? N) | IS Minute Entry

Date: 2012-08-27

Converted Event

DATE FILED: August 27, 2012 - Court notes receipt of oríginal Petitioner's Veri/ìed Notice to

the Court and Requestfor Immediate Ruling on Petitionfor Post-Convíction Relief and

Release from Incarceration together w/proposedform ofOrder which were previously Jìled by

FAX onAug. 23, 2012. cj (RJO? N) IJTS Mínute Entry Date: 2012-08-27

Response Filed

File Stamp: 0912012012

State of Indíana by DPA David L. Francisco, files State's Response to Petitioner's Requestfor

Immediate Ruling on Petitionfor Post-Conviction Relíef and Release from Incarceration.

(COPY) cj

Appearance Filed

File Stamp: 0912412012

For Party: Petitioner Canen#152256, Lana Rae

Joel C. Wieneke enters hís Appearance on behalf of the Petitioner. (COPY) cm

Order Issued (Judicial Officer: Shewmaker, Terry C )

Order Signed: l0l l2l20l2

Court having taken this matter under advisement now issues ORDER. Petitioner's Amended

Petitíonfor Post Conviction Relief is hereby granted; Petitioner's convictionfor Murder, a

Felony, is vacated. Pelítioner ís to be returned to the Elkhart County Correctional Complex

and heldwith no bond. Cause setfor telephonic status conf Oct. 25, 2012 at I:20 p.m. Trial

scheduledfor Dec. 17, 2012 at 8:30 a.m. cj

Final Judgment entered (Judicial Officer: Shewmaker, Terry C)

Comment (PCR Petition granted)

PAGE 4 OF 4 Printedon 10/23/2014 at 11:22 AM

USDC IN/ND case 3:14-cv-00315-RL document 42-9 filed 09/10/15 page 5 of 6
CLERK'S CERTIFICATE

STATE OF INDIANA,

SS:

ELKHART COUNTY,

I, Wendy Hudson , Clerk of the Elkhart Circuit Court within and for the

County of Elkhart and State of Indiana, the same being a Court of Record, having a Seal, do hereby certifr that the

above and foregoing is a full , 

true and complete and correct copy of the

CHRONOLOGICAL CASE SUMMARY

4 Pages

Entries from 08127 12009 thru I0ll2l20I2

IN RB THE

STATE OF'INDIANA

VS

LANA R. CANEN

CAUSE # 20C01-0908-PC-00018

As the same remains on file and appears of record in said Court, and of which files and records I am the legal

custodian.

In WITNESS WHEREOF,I have

hereunto set My hand and affixed the

Seal of said Court the city of Goshen,

Indiana, this 23rd Day of October,2014,

h---& //,-J"*-

clerk Bkhá?Circuit court /,f '

USDC IN/ND case 3:14-cv-00315-RL document 42-9 filed 09/10/15 page 6 of 6