rted by state court decisions which have upheld changes in statutes governing bail pending appeal against ex post facto challenges. For ex- ample, the Indiana Supreme Court has held that a state statute denying bail pending ap- peal by a habitual criminal was not ex post facto as applied to a defendant who com- Page 10

determined to prevent a new trial that would have embarrassed her and freed Tyson. The conviction was eventually affirmed on a two to two tie vote by the Indiana Supreme Court, with the chief justice disqualifying himself from participation in the decision on a phony pretext. He sent his wife to speak to me during a Yale La