Delphi: Can Richard Allen's Appeal Actually Win?
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This episode of *True Crime Today* examines the legal aftermath of Richard Allen's conviction in the 2017 murder of two teenage girls in Indiana, focusing on the upcoming appellate review. Hosts Tony Bruschi and Robin Green, joined by legal analyst Bob Mata, break down the narrow but critical scope of appellate review: not guilt or innocence, but whether the trial process was constitutionally sound. They analyze the defense’s strategic limitations—page constraints and waiver issues—and emphasize that the most promising avenue for a reversal lies in the Napui-Glossop issue, tied to the trial court’s failure to properly address a motion to correct error. While the appellate court may affirm on the first two issues, the third and fourth—particularly the exclusion of defense evidence and the inability to present a meaningful defense—are seen as potential game-changers. The discussion extends to the possibility of a new trial, either through the Indiana Supreme Court or post-conviction proceedings, where newly discovered evidence and claims of ineffective counsel could emerge. The hosts express deep concern about the emotional toll on victims’ families versus the moral imperative of justice, cautioning that convicting the wrong person undermines the entire system. They conclude that while a new trial is possible, it would be a long, arduous battle, and if Allen is acquitted, the case may remain unsolved—especially if the real killer is already dead.
Appellate courts don’t decide guilt—they assess whether the trial process met constitutional standards.
The Napui-Glossop issue, tied to a failed motion to correct error, is the most viable path to a new trial.
Defense counsel’s page limits forced strategic omissions; the reply brief will be constrained in scope.
Post-conviction petitions are the likely next step if appellate courts deny relief, allowing for new evidence and ineffective counsel claims.
Victims’ families’ emotional closure doesn’t override the need for factual accuracy—convicting the wrong person is not justice.
…and 2 more takeaways available in PodZeus
Appellate Review: Not Guilt, But Process
The episode opens with a clear explanation of the appellate court’s role: to evaluate whether the trial met constitutional standards, not to re-weigh guilt or innocence. The focus is on procedural fairness and due process.
Strategic Limitations in Defense Briefs
Legal analyst Bob Mata discusses the constraints defense counsel face—especially page limits—and expresses disappointment that key Sixth Amendment issues were not prioritized. He criticizes the omission of strong arguments due to waiver concerns.
The Napui-Glossop Issue: Key to a New Trial
“If they address the Napui-Glossop issue fairly, he gets a new trial.”
Pathways to a New Trial: Appellate and Post-Conviction
The discussion outlines the legal journey ahead: affirmation by the appellate court, appeal to the Indiana Supreme Court, or post-conviction petitions. The latter allows for new evidence and claims of ineffective counsel, though it’s a long, difficult road.
Justice vs. Emotional Closure: The Human Cost
“If it's not the right guy, that ain't justice. Even if it lets you sleep at night...”
“If they address the Napui-Glossop issue fairly, he gets a new trial.”
“There are feelings and there are facts and they are two very different things.”
“You've got victims' families out there that are feeling relief. You know, they have bought into what the state has sold them, that this is the right guy.”
Hosts
Guest
Richard Allen
person
Bob Mata
person
Robin Green
person
Tony Bruschi
person
Indiana Supreme Court
organization
Indiana Appellate Court
organization
Michael Osbrook
person
Mark Lehman
person
Stacey Uleana
person
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