Supreme Court Denies DeHart’s Appeal Transfer
INDIANAPOLIS — The Indiana Supreme Court has denied Kyle DeHart’s petition to transfer his appeal to that court. The decision was issued Thursday, Sept. 21, by Indiana Supreme Court Chief Justice Loretta H. Rush.
Lawrence Hansen, counsel for DeHart, filed a petition to transfer the appeal Aug. 9, after the Indiana Court of Appeals denied the initial appeal. (See: DeHart’s Appeal Denied by Judges)
The request to transfer the appeal also included a request to reverse the convictions entered in the case or in alternative remand the case for a new trial.
DeHart is serving 110 years for the murder of Tara Thornburg and Josh Knisley Feb. 19, 2015, in Syracuse.
The four questions presented on the transfer were:
Evidence presented at trial was insufficient to sustain the convictions of counts 1 and 2. Further, the doctrine of incredible dubiosity requires the setting aside of the verdict and convictions relative to counts 1 and 2.
The trial court erred in denying defendant’s motion for separate trial as to codefendant Brandon Woody. Based upon the paucity of evidence against DeHart, evidence of Woody’s guilt was unfairly and prejudicially levied against DeHart.
The trial court’s decision to allow rap songs relative to DeHart was in error in the songs were either irrelevant and/or the probative value was outweighed by the prejudicial effect.
The trial court erred in admitting Woody’s prior firearm usage as such usage was irrelevant and to the extent relevant, highly prejudicial to DeHart.
In the brief order by Chief Justice Rush, it states the court reviewed the decision of the court of appeals, and the submitted record on appeal, all briefs filed in the court of appeals and all materials filed in connection with the request to transfer jurisdiction have been made available to the court for review. “Each participating member has had the opportunity to voice that justice’s views on the case in conference with the other justices and each participating member of the court has voted on the petition. Being duly advised, the court denies the petition to transfer.”