One Reply Brief Just Changed The Entire Delphi Case

The Delphi appeal is now fully briefed. Three judges at the Indiana Court of Appeals are reading the full written record. The defense has formally asked to stand in front of them at oral arguments. The State of Indiana has not joined that request. Richard Allen is sitting in an Oklahoma prison for safekeeping while the courtroom that will decide his fate sits more than a thousand miles away.

This is where the procedural posture sits. And this is what it actually contains.

The defense's reply brief lays out a van timeline contradicted by FBI cell data and surveillance footage, a confession to shooting two girls who were killed with a blade, and an alternative suspect whose interview was allegedly recorded over by investigators. Indiana's response brief answers most of it with waiver and harmless error rather than rebuttal.

The reply brief also documents the 13 months Allen spent in solitary at Westville — well past the Indiana Department of Correction's own 30-day cap for inmates with serious mental illness. He lost 45 pounds. He stopped knowing whether he was alive. He ate his Bible. Then he confessed. The State's theory now is that he found religion.

And the search warrant — the foundation for the .40-caliber pistol recovered from Allen's home — gets de novo review. No deference owed to Judge Fran Gull. If three judges rule the warrant was bad, the State's central piece of physical evidence is gone for good.

Defense attorney Bob Motta joins Tony Brueski for a three-part panel on all of it. Three collision points. One fully briefed case. Three judges with the power to take this conviction apart at the seams.

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