McCowan Appeal Going To Indiana Supreme Court
August 12, 2014 — The Associated Press — The Indiana Supreme Court agreed yesterday to hear a 21-year-old Porter County man’s appeal of his conviction in his ex-girlfriend’s fatal shooting.
Dustin McCowan is serving a 60-year sentence for the September 2011 murder of 19-year-old Amanda Bach of Portage, who was slain during a dispute.
The Indiana Court of Appeals upheld McCowan’s conviction and sentence in April, but the state’s high court announced Monday it would hear his appeal.
The Times reports that McCowan’s appeal will likely focus on the admissibility of cell phone records purportedly showing McCowan at sites near where Bach’s car and body were found.
He’s also expected to challenge the trial judge’s alleged bias in the case and refusal to provide jurors with McCowan’s preferred instruction on a criminal defendant’s presumption of innocence.