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MALINSKI v. STATE

No. 64S00-0004-CR-287.

794 N.E.2d 1071 (2003)

David F. MALINSKI, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below).

Supreme Court of Indiana.

September 3, 2003.

Attorney(s) appearing for the Case

Thomas M. Breen, Todd Selby Pugh, Thomas M. Breen & Assoc., Chicago, IL, John E. Martin, Tsoutsouris & Bertig Valparaiso, IN, Attorneys for Appellant.

Steve Carter, Attorney General of Indiana, Arthur Thaddeus Perry, Deputy Attorney General Indianapolis, IN, Attorneys for Appellee.

SHEPARD, Chief Justice.

A jury found David F. Malinski guilty of murdering Lori Kirkley, and likewise convicted him on associated counts of arson, auto theft, criminal confinement, criminal deviate conduct, and two counts of burglary.

In this direct appeal, Malinski contends that the police violated his right to counsel under the Indiana Constitution by not informing him that a lawyer hired by relatives was present...

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