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Arguments for woman who claims she was wrongfully convicted

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The case of a woman who contends she was wrongfully convicted of arson and murder because of faulty science will be heard by the Indiana Court of Appeals July 13.

Kristine Bunch appeals the denial of her petition for post-conviction relief, claiming advances in science invalidate the basis for concluding the fire in her mobile home, which killed her 3-year-old son, resulted from arson. She was convicted of arson and murder in 1996; she filed her petition for post-conviction relief in 2006, which the court denied in 2010 after an evidentiary hearing.

Bunch also argues that the state improperly failed to disclose exculpatory and impeachment evidence, and that her trial attorney rendered ineffective assistance of counsel by not adequately challenging the state’s expert testimony and eliciting otherwise inadmissible opinion evidence suggesting guilt.

Indiana Lawyer interviewed  Bunch in 2009 as part of the “Justice in Question” series exploring issues around wrongful convictions.

Arguments begin at 11 a.m. in Bunch v. State of Indiana, No. 16A05-1007-PC-439 and will be webcast.  

The Court of Appeals will also hear Lawane Chaney v. Clarian Health Partners Inc., No. 49A05-0905-CV-263, at 1:30 p.m. The arguments will focus on Clarian Health Partners' motion for appellate fees and costs under Indiana Appellate Rule 66(E).

In February 2010, the COA ruled in favor of Clarian in this purported class-action suit. By the time of the appeal, Lawane Chaney, the only purported class member, was no longer a party, but his former counsel, Ron Weldy, proceeded with the case allegedly on behalf of Chaney.

The trial court had dismissed the case with prejudice for lack of a class representative but had also denied Clarian's request for attorney fees. The trial court also imposed sanctions against Weldy, which Weldy appealed. The COA affirmed the imposition of Trial Rule 37 sanctions against Weldy. The COA denied Weldy's petition for rehearing, and the Indiana Supreme Court denied his petition for transfer.

Arguments in Chaney will also be webcast.

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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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