ILNews

Appeal likely in post-deadlocked capital case

Michael W. Hoskins
January 1, 2008
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The Indiana Supreme Court may be asked to determine whether an Evansville judge correctly decided to uphold a death sentence after a jury's indecision regarding the penalty.

Attorneys for death row inmate Daniel Ray Wilkes aren't taking issue with how Vanderburgh Circuit Judge Carl Heldt applied the law but rather the nature and constitutionality of the statute itself.

Judge Heldt in late January decided on the death sentence for Wilkes, who was convicted in December on three murder counts for the April 2006 killings of an Evansville mother and her two daughters, ages 8 and 13. While jurors agreed on the guilt phase of the trial, they came back deadlocked 11-1 on the penalty Wilkes should face for the crimes. Judge Heldt took on that task and on March 13 declined to set aside his decision.

The decision marks the first time since Indiana law changed in 2002 that a judge had to determine the sentence in a capital murder case after a jury deadlocked over the penalty. The state law amendment requires judges to follow the juries' sentencing recommendations in capital cases. Before that, judges needed only to consider juries' recommendations but could enter a different penalty in capital murder cases.

Southern Indiana attorneys William Gooden and John Goodridge, who are representing Wilkes, plan to appeal the decision, which would go to the state's highest court as it relates to a capital case. Likely at issue will be a question of whether a death sentence can follow a hung jury, as well as whether a judge has the power to base an execution decision on the jury's finding in the guilt phase.
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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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