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LYNCH v. STATE

No. 20S03-9403-CR-280.

632 N.E.2d 341 (1994)

Michael R. LYNCH, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

March 24, 1994.

Attorney(s) appearing for the Case

Thomas A. Murto, Murto & Holbrook, Goshen, for appellant.

Pamela Carter, Atty. Gen., Cynthia L. Ploughe, Deputy Atty. Gen., Indianapolis, for appellee.

SHEPARD, Chief Justice.

We reversed Michael Lynch's conviction by a divided vote. Lynch v. State (1991), Ind., 571 N.E.2d 537. Though this author dissented on that occasion, the issues in this appeal lead us to conclude with regret that the case must be tried again. At Lynch's second trial, a tape of his initial police interrogation was admitted over defense counsel's objections. When the tape was admitted, the judge instructed...

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