Holly
3.1K posts


@defense_diaries @Chelsea_Lauren @IUHabeas @AlilawMotta @aburkhartlaw Ok, I'm granting bond while waiting for a new trial. Done.
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I changed the format of tonight's 6:00 PM CDT Live from good to EPIC.
🔴 STATE vs. 🔵 DEFENSE
Tonight, three attorneys go to WAR over the State's Appellee Brief in the Richard Allen appeal.
@IUHabeas MichaelAusbrook argues FOR Indiana.
@AlilawMotta & @aburkhartlaw argue FOR Allen.
I moderate. Nobody gets a pass.
Confessions from a man eating his own feces. 13 months of solitary. A warrant built on half-truths. 7 evidentiary rulings that silenced the defense.
The State says it's overwhelming evidence.
The defense says it's a constitutional catastrophe.
Who wins? Who loses? And can the Reply Brief save this appeal?
TONIGHT — Defense Diaries Live 🔥⚖️
#RichardAllen #DelphiMurders #DefenseDiaries #AppealBreakdown

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@DelphiResi5760 @Wienekelo Just get some help, sincerely, the quicker the better.
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@The2ndLocation @Wienekelo Fuck no. Hasn’t it been explained enough, for your tiny little brain, the reason why a Frank’s hearing wasn’t granted? For fucks sake Holly you really are completely fucking stupid
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There have been a few questions about whether Richard Allen's appellate attorneys can reply to the State's waiver arguments by claiming the issues are not waived under the fundamental error exception.
No, they cannot. If the fundamental error exception was going to be raised, it had to be raised in the initial appellant's brief. It cannot be raised for the first time in the reply brief. Instead, Indiana appellate courts treat that issue/exception as also waived. I have had that happen to me many years ago. It was a frustrating lesson to learn :)
What CAN the appellant raise? Well, the appellant can cite to case law that holds that when we're dealing with a denial of constitutional rights, appellate courts in Indiana prefer to decide claims on their merits, rather than "punting" them to post-conviction. Or the appellant could argue for a change in waiver law, particularly with the issue of whether a continuing objection is waived by the "no objection" statement.
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@SpookySokoke I did it decades ago when I was a college student. I have wiggly veins but with a good technician it was fine. The needle is large, so don't look, but be open if you have fears tell them so they give you the best care. Plasma helps so many. Good on you.
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@Wienekelo I checked the transcript (to the best of my ability but I may be wrong) and I read "No objection," does the judicial notice of the Frank's help? In my mind its a 2 step process and the defense did the second step only (creating the record) but no objection.
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@The2ndLocation If they said "no objection" and nothing more when the gun/cartridges were offered, I think the Court of Appeals could cite to this case law and say the issue is waived.
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Yesterday the Indiana Supreme Court amended an evidence rule, which will have a significant impact on Indiana appeals.
The amendment, which takes effect on July 1, 2026, is to Indiana Evidence Rule 103(b), which deals with preservation of issues for appeal and continuing objections.
The text of the amendment can be found here: in.gov/courts/files/o…
If a party wishes to limine/exclude evidence at trial, the party can file a pretrial motion in limine. Once the court rules definitively on the record, the party need not renew the objection at trial to preserve the error for appeal.
That seems clear enough. Except consider the following scenario. A party asks for exclusion of an exhibit in a pretrial motion. The court denies the request. At trial, the opposing party offers the exhibit. Can the party state he has "no objection," or does the party have to remind the court of the earlier objection? And if he does have to remind the court of the earlier objection, isn't that essentially "renewing" the objection?
There is case law that says a "no objection" response to the offering of evidence waives any earlier continuing objection to that evidence.
I guess we'll wait and see whether this amendment changes things.
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@TraceEvPod @nypost I think her mom might need to do something that she doesn't "want" to do. Being a mom is very much less about what mom wants and instead is about what your children need.
Her daughter needs this. Mom should do it.
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@nypost I feel terrible for her and the rest of the family, but if her Mom wanted contact she'd have made it by now.
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Daughter of NC woman who was found alive after vanishing 24 years ago says her emotions are 'all over the map,' but wants reunion trib.al/HUlnTfw

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@Extd_utterance I'm cool with this. I think the true crime scene is too lynchy. We can't accuse random people of being murderers.
Recall the Delphi murders mess with every man with a goatee being accused? Then we hear that some witnesses said he had a face covering?
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A tiktokker who falsely accused a UOI professor of murder will have to pay up to $1.8m damages in this defamation case. FAFO.
Kevin Fixler@kfixler
Update: Jury picked in #Idaho4 defamation trial brought by a University of #Idaho professor against a TikToker to decide damages. 4 men, 4 women of various backgrounds, and their verdict must be unanimous on $$$ owed to the professor. #BryanKohberger (1/2) idahostatesman.com/news/northwest…
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@JayTC53 @SarahfromOC Or they are looking go see if they were being followed when they drove Nancy home? That seems like a reasonable idea to pursue.
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@SarahfromOC You give me 3 other reasons why the police are asking neighbors in Annie's neighborhood for camera footage then.
Those were my 3 guesses as to why.
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@EinsteinElbertt @golfergirly @lisarobel @ginamilan_ These people can't even get out of their car after work if they don't have an attached garage, apparently.
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@Extd_utterance @gary_doyle_ I think the script is there to help calm her and keep her on track. I know she is a professional broadcaster. but she isn't a professional at having her mom abducted.
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@WrathfulProser_ @blakelively I suspect that she thought the baby that Natasha Heath was giving birth to was being exploited in porn.
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So Blake doesn't know what porn is? So what were you talking about when you spoke for The exploitation of children in porn? Sure @blakelively
Also a woman who says yummy flirty never with teeth absolutely knows what porn is.
Which is it Blake? Are you this demure innocent little girl who unknowingly gets hitched at a slave plantation While making a clothing line called antebellum? or are you just a foul mouth lying bitch?
You told people Justin was basically a perverted a green idiot Who had no idea how to do anything. You told them he hurt you in some way, his partner did things that made you uncomfortable, creating an inappropriate sexually harassing atmosphere. You told your closest friends He was a monster, they even commented what a horror show the set must have been. So what did you say exactly? What else did you say to convince them you're a victim? What bullshit did you and Mean Lantern make up? You convinced your cronies on set to back up your story. Did You text everything on purpose while saying the most damning evidence over the phone or in person so no one could have proof of it? Do you really think you are worth all of that money and all of this drama? You're a C lister at best. On the scale of celebs, you're lower than Justin. You only jump to A-lister because you're Mrs Ryan Reynolds. You have single-handedly destroyed peoples reputations and careers. Is that what you're so proud of, You washed up talentless troglodyte?
Also @colleenhoover
Well I don't wish anyone to suffer from cancer, Isabela is correct when saying two things can be true: You can still be a cancer survivor and also a really horrific human being.
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@DelphiResi5760 @andykopsa Huh? I point out that you were wrong and your retort is that a successful appeal was bad strategy? Ummm.... that doesn't make much sense.
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@The2ndLocation @andykopsa Shut the fuck up Holly.
Had Richard, and his attorneys, also shut the fuck up, this “structural error would have allowed automatic reversal of the conviction on appeal — no need to prove it actually hurt the outcome. So he’d get a new trial anyway if he won on that point.
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People who follow the #Delphi case. What are your thoughts on Gull's abuse of power, her pointed disregard for Mr. Allen's due process rights? Love to know your feels on this.
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@MaryAnnNolan928 @TrueCrimeAudit A teacher didn't leave the door open she closed it. She didn't know was that the door didn't lock.
The only way to know whether the door was locked was from the outside. Sounds like a terrible design that shouldn't be used in schools or really anywhere.
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@TrueCrimeAudit Not for anything, but if it wasn’t for the teacher, leaving the door open, we wouldn’t be here. .
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After serving as a head start teacher at Uvalde CISD for 18 years #AdrianGonzales became a police officer. He was proud to be a part of the community he was born and raised in. After living there for 50 years, he’ll never go back.
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@IshereStep40173 I'm out here still being me, and just wanting this appeal to keep on moving in a positive direction.
I missed ya.
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@DelphiResi5760 @andykopsa They did file to work pro bono. That request was denied by the trial court. Then they filed an OA where the Supreme Court put them back on the case.
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@andykopsa You all are so stupid. When Justice Slaughter agreed with Judge Gull, he also implied that Richard Allen was a fucking idiot. Had he allowed his lawyers to be removed, filed for them to work pro bono, and if Gull denied that…he would automatically have his conviction reversed.

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