Indiana Supreme Court March 24, 1994, 20S03-9403-CR-280 (Lynch v. State)

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.