I guess no real surprises in the
State's Response to MCE
I already argued that the Weber video was not new. The D choose not to introduce it at trial. They obviously could have tried to use it to impeach Weber, but instead used a different strategy to try to get a much later time.
The argument about the timestamps of the video - this is why we have trials! You can't argue about the timing of the video later.
Logan - ditto not new evidence. They choose not to bring this up because it would have flopped.
Gibson is pure EL OH EL and why i don't take anything claimed by Ausbrook seriously.
P2 (1.h)
Maybe there is some 9 dimensional chess reason for all this Gibson stuff but it seems super weak to go upstairs.
All that said, the stuff about that pre-trial conditions and confessions is their best issue IMO. As previously discussed, the problem on 3rd party Odinism on appeal is always going to be that the jury heard the confessions and believed them, so a Court will be slow to disturb for other reasons.
So they really need to get the confessions excluded somehow. I really don't like this manner of detention, but the D did have a defended hearing about it, when they finally got round to making an application for one, and were found to have misled the court and to have been negligent in their representation by Judge Gull. This is on the record. So again on appeal that will be very damaging because the Appeal is not a do-over of what the Judge found there.
All in all, an appeal is not a referendum on prison conditions. The citizens of Indiana set those at the end of the day and it wasn't Judge Gull's job to decide policy.
So I have sympathy for the overall argument, but don't see them winning on it. They bungled it in June 2023 when they didn't bother to make the Psychosis argument with medical foundation.