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Missing records case affirmed

January 1, 2008
Don't go looking for any reference in a Thursday memorandum opinion relating to missing court files in an Allen County murder case. You won't find one.

The Indiana Court of Appeals affirmed the murder conviction of Daniel Favela, whose case made the news last year after his mother had been jailed for about two weeks on contempt of court charges for taking, hiding, and refusing to turn over the 13-volume file in her son's appeal. Adela Favela finally returned them to Allen Superior Judge Frances C. Gull in September 2007.

But the file-taking circumstances weren't mentioned in the Not for Publication ruling of Daniel Favela v. State of Indiana, No. 02A03-0702-CR-101. The court unanimously affirmed Judge Gull's judgment and determined she didn't abuse the court's discretion in denying Favela's request to obtain the address of an area women's shelter relevant to his case, or in excluding a defense witness's testimony for the purpose of impeachment; that evidence was sufficient to sustain the conviction.
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