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Indiana Supreme Court upholds death penalty

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The Indiana Supreme Court today upheld the death penalty for a man convicted of killing a woman and her two daughters. In doing so, the high court re-evaluated its stance on what it means when a jury fails to recommend a sentence.

In Danny Ray Wilkes v. State of Indiana, No. 10S00-0808-DP-453, Danny Ray Wilkes appealed his convictions of murdering Donna Claspell and her two daughters, ages 8 and 13, in 2006, and his death sentence.

One of Wilkes' many arguments as to why he should be re-sentenced was because the trial court should have considered the jury's inability to arrive at a unanimous sentencing recommendation as a mitigating factor. A divided Supreme Court had previously held in Roche v. State, 596 N.E.2d 896 (Ind. 1992), that no meaning should be interpreted from a jury's failure to reach a recommendation, nor should it be considered as a mitigating factor during the penalty phase. That view was upheld in subsequent cases; however, Justice Theodore Boehm wrote that the increased emphasis on the role of the jury in sentencing gives the court a reason to reconsider Roche and its progeny.

The justices found the jury's uncertainty to be a relevant consideration rather than a mitigating circumstance that the trial court should consider in determining an appropriate sentence.

"We therefore ... hold that it is 'appropriate' for the trial court to consider the fact that the jury ­- whose recommendation would otherwise be binding ­- could not agree," wrote Justice Boehm. "We do not find the trial court's adherence to then-existing precedent to be error, much less reversible error."

On this issue, Justice Brent Dickson dissented because he continued to believe a jury's inability to reach a unanimous sentencing recommendation is logically unrelated to the defendant's conduct or personal circumstances, so it shouldn't be considered.

Wilkes also argued the trial court was required to consider the evidence that he had adjusted to life in prison as a mitigating circumstance, citing Skipper v. South Carolina, 476 U.S. 1, 4 (1986).

The trial court was required to consider all the evidence relevant to mitigation, including Wilkes' positive adjustment to incarceration. Both the jury and the trial court heard this evidence and found the aggravating factors outweighed the mitigating ones, wrote Justice Boehm. Under Skipper, that is all that is required.

The high court found a detective's statement expressing his opinion of Wilkes' guilt was problematic under Indiana Evidence Rule 704(b), but that one line was relevant only to guilt and not the penalty phase, and was harmless in view of the forensic evidence and confessions supporting Wilkes' guilt.

The justices also affirmed the admittance of transcripts and recordings of four interviews in which Wilkes acknowledged his guilt; the use of "special verdict" forms; other issues Wilkes raised on appeal.

"We cannot say that the death sentences in this case are inappropriate. The nature of the offense is a triple murder of a mother and her two children. The murders, especially of Donna and Sydne, were committed in a particularly gruesome manner. We have upheld death sentences in similar cases," wrote Justice Boehm.

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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