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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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