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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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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