Richard Allen's appeal is fully briefed. The reply brief landed at the end of April. The motion for oral arguments was filed behind it. The State of Indiana has not joined that motion. Three judges at the Indiana Court of Appeals are now reading the full record with no further paper coming.
This is the procedural posture that determines whether the Delphi conviction survives. Not a press conference. Not a public statement. Three judges, the written record, and a decision waiting to be made.
The defense is asking to be in the room. The State would clearly rather the panel decide on paper alone. That is the first signal. The second is the de novo review on the search warrant — the one issue in the appeal where the appellate 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.
Defense attorney Bob Motta joins Tony Brueski for Part Three of a three-part panel on the Delphi appeal. They walk through the strategic geometry of a fully briefed case. They examine what it means that Richard Allen is sitting in an Oklahoma prison for safekeeping while three judges in Indianapolis read the record that put him there. They sit with the forced choice in front of the panel — rule narrowly and let the State retry the case with all of its evidence intact, or rule broadly on the warrant and take the State's strongest piece of physical evidence off the board forever.
Three judges. No more paper. A decision waiting to happen. This is the room where Delphi gets decided.
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