ILNews

Appellate court split on ordering new trial for mom

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The Indiana Court of Appeals has ordered a woman convicted of killing her son by setting fire to their home in 1996 receive a new trial, although one judge believed she did not meet her burden to prevail on appeal from the denial of her petition for post-conviction relief.

Chief Judge Margret Robb and Edward Najam reversed the denial of Kristine Bunch’s petition for post-conviction relief. Bunch was sentenced to 60 years for the murder of her son, Anthony. The state claimed she set the fire in their mobile home and some evidence showed accelerating material present in samples taken from the home. In 2006, she began pursuing post-conviction relief, claiming, among other things, newly discovered evidence in the form of advances in the field of fire science and a violation of due process by the state in failing to disclose certain evidence. The post-conviction court denied the petition in 2010.

In Kristine Bunch v. State of Indiana, No. 16A05-1007-PC-439, the majority determined the post-conviction court erred in determining she wasn’t entitled to a new trial on the basis of the fire victim toxicology analysis evidence because that evidence meets each of the nine requirements to be newly discovered evidence. They also found the post-conviction court clearly erred in concluding there was no Brady violation in the state’s failure to disclose material exculpatory or impeaching evidence to Bunch prior to trial. Based on these two issues, she is entitled to a new trial, wrote Robb.

Judge Terry Crone wrote a 14-page dissent in which he did not believe Bunch met her burden to prevail on her appeal of the denial of post-conviction relief. She didn’t show that the evidence as a whole leads unerringly and unmistakably to a conclusion opposite of what the post-conviction court reached.

 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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