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Man found guilty again in South Bend murder

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A St. Joseph County man who was convicted of killing his girlfriend – but later had the conviction overturned by the Indiana Supreme Court – was found guilty again April 12 of murder.

Brice Webb was convicted in the spring of 2010 for the shooting death of his girlfriend Cherlyn Reyes in October 2009. The two had been drinking and got into several physical fights after Reyes discovered through Webb’s cell phone call history that Webb had made calls to other girls. Webb shot Reyes in their apartment bathroom. He claimed it was an accident.

Justices Robert Rucker, Brent Dickson and Frank Sullivan Jr. reversed Webb’s conviction and ordered a new trial on the grounds that the trial judge should have given the jury the option to consider a lesser offense of reckless homicide. Chief Justice Randall Shepard and Justice Steven David dissented, believing that requiring the trial court to give the lesser-included offense jury instruction after Webb denied his guilt under oath would make a “mockery out of the state’s burden of proof.”

After a five-day trial last week in St. Joseph Superior Court, Webb was convicted of murder and found to be a habitual offender. His sentencing is set for May 13. He previously received 65 years for murder enhanced by 30 years for the habitual offender adjudication.

 

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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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