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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. 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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