Three Judges. One Delphi Warrant. No Second Chance.

Richard Allen is not sitting in an Indiana prison. He is in an Oklahoma facility, designated for safekeeping, more than a thousand miles from the courtroom that will decide his appeal. The State of Indiana moved him out of state. The State of Indiana is now also the side telling the Indiana Court of Appeals that the conditions of his pretrial confinement at Westville did not amount to coercion.

That is one of the strange geographic facts sitting underneath the Delphi appeal as it heads into its final procedural stretch.

The case is now fully briefed. The reply brief was filed at the end of April. The motion for oral arguments was filed alongside it. The State has not joined the request. Three judges are reading the record. A decision is coming.

Defense attorney Bob Motta sits down with Tony Brueski for Part Three of a three-part panel on the Richard Allen appeal. They get into the strategic asymmetry of the oral argument request. They walk through the de novo standard on the search warrant — the one issue in this appeal where the panel owes no deference to Judge Fran Gull, and where a ruling against the State would erase the .40-caliber pistol from this case and any retrial forever.

They sit with the broader question that the procedural posture quietly raises. A State that moved a defendant out of state for safekeeping. A State that broke its own solitary confinement policy by more than a year. A State that has now built an appellate defense around asking three judges not to look too closely at any of it. And a defense team that has now formally asked the panel to look at all of it, on the record, in person.

Three judges. One panel. One decision left in this case.

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This publication contains commentary and opinion based on publicly available information. All individuals are presumed innocent until proven guilty in a court of law. Nothing published here should be taken as a statement of fact, health or legal advice.


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