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Woman loses bid for new trial, appeals

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Indiana Lawyer Rehearing

A Greensburg woman – who said she was wrongfully convicted 14 years ago of an arson that killed her son – has lost her latest bid for a new trial and is now taking her case to the Indiana Court of Appeals.

After months of review following a hearing in October, Decatur Circuit Judge John Westhafer issued a 47-page ruling earlier this summer that denied Kristine Bunch’s request for post-conviction relief. She was convicted in 1996 of arson and murder for setting the trailer-home fire the year before that resulted in the death of her 3-year-old son. She was sentenced to 60 years in prison.

In his June 8 decision, Judge Westhafer wrote that he didn’t feel the defense produced sufficient evidence to warrant a retrial. He noted that Bunch’s lawyers had not introduced or presented any new factual evidence or physical evidence discovered since the original 1996 trial, but rather only opinion evidence. One of his main reasons for denial was that the lawyers presented four experts about how a new trial would turn out, but those individuals cited the same “undetermined” cause as the defense’s original trial expert.

“While (Bunch) had new resources available to her at the post-conviction hearing, new experts do not create new evidence,” the judge wrote. “The issues raised and the conclusions reached – while packaged differently ­– remain basically the same as they were at trial in 1996.”

Judge Westhafer also discussed the investigation quality, existence of kerosene in the floor samples with ‘innocent’ explanations, and a potential electrical cause were all presented at the original trial and in subsequent appeals. He also referred to Bunch’s own trial comments that appear contradictory and create “a significant inference of guilt.”

Bunch’s legal team – Indianapolis attorney Hilary Bowe Ricks and the Center on Wrongful Convictions at Northwestern University School of Law – filed an appeal July 8 and briefs are being filed in the coming months. That appeal is Kristine Bunch v. State of Indiana, No. 16A05-1007-PC-00439.
 

Rehearing to "Aiming for exoneration" IL Sept. 2-15, 2009

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  1. Payday loans take advantage of people in many ways. It's great to hear that the courts are using some of their sins to pay money back to the community. Hopefully this will help change the culture of many loan companies, and make lending a much safer endeavor for those in need. http://lawsuitlendingnow.com/lawsuit-loans-post-settlement.html

  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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