Three Judges. One Delphi Warrant. No Second Chance.

About this episode

The episode discusses the ongoing appeal of Richard Allen in the Delphi murders case, focusing on legal strategies and procedural issues.

Richard Allen is not sitting in an Indiana prison. He is in an Oklahoma facility, designated for safekeeping, more than a thousand miles from the courtroom that will decide his appeal. The State of Indiana moved him out of state. The State of Indiana is now also the side telling the Indiana Court of Appeals that the conditions of his pretrial confinement at Westville did not amount to coercion. That is one of the strange geographic facts sitting underneath the Delphi appeal as it heads into its final procedural stretch. The case is now fully briefed. The reply brief was filed at the end of April. The motion for oral arguments was filed alongside it. The State has not joined the request. Three judges are reading the record. A decision is coming. Defense attorney Bob Motta sits down with Tony Brueski for Part Three of a three-part panel on the Richard Allen appeal. They get into the strategic asymmetry of the oral argument request. They walk through the de novo standard on the search warrant — the one issue in this appeal where the 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…

People in this episode

Host: Tony Brueski

Guest: Bob Motta

Topics covered

• Delphi murders
• Richard Allen
• legal appeal
• pretrial confinement
• search warrant
• judicial process

Keywords

• Delphi murders
• Richard Allen
• Indiana Court of Appeals
• pretrial confinement
• search warrant
• oral arguments
• Bob Motta
• Tony Brueski

Mentioned in this episode

Organizations: State of Indiana, Indiana Court of Appeals

Places: Oklahoma, Indiana, Westville

More episodes of Delphi Murders: Richard Allen & The Search For The Truth

• What Did Richard Allen Actually Say In His First Delphi Confession? · May 31, 2026 · 42 min
• Who Were The Delphi Suspects That Richard Allen's Jury Never Heard About? · May 31, 2026 · 39 min
• Delphi: The Judge Blocked Everything That Told a Different Story Than the State's · May 29, 2026 · 22 min
• Delphi: The State of Indiana Tortured Richard Allen For 13th Months To Force Confession · May 28, 2026 · 27 min
• Delphi: The Affidavit Allegedly Said Bloody — The Witness Never Used That Word · May 27, 2026 · 15 min
• Delphi: An ISP Trooper Raised the Alarm — His Superiors Shut It Down · May 26, 2026 · 24 min