Indiana's response brief in the Richard Allen appeal does not read like the work of a State that's confident in its conviction. It reads like the work of a State trying to keep three judges from ever opening the trial record.

The defense brought specifics. The van timeline contradicted by FBI cell data. The confession that doesn't match the cause of death. The alternative suspect whose interview was allegedly recorded over by investigators. The 13 months Richard Allen spent in solitary confinement at Westville while the Indiana Department of Correction violated its own written policy by more than a year. The .40-caliber pistol recovered from a search warrant that the defense argues was based on omitted and altered facts.

The State's response across all of it: harmless error, waiver, procedural default. Not rebuttal. Not engagement. Just a procedural firewall built tall enough that an appellate panel can affirm the conviction without ever having to look at what's underneath.

Defense attorney Bob Motta joins Tony Brueski for a three-part panel on where the Delphi appeal actually stands. Three collision points. The procedural-versus-factual fight. The 13 months Allen spent in a cell built for 30 days. The strategic asymmetry of one side asking for oral arguments while the other side stays silent and prays the panel decides on paper.

Three judges. No more paper. A conviction the State doesn't seem to want to defend on the merits.

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