ILNews

Condemned man's appeals coming to end

Michael W. Hoskins
January 1, 2007
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The 7th Circuit Court of Appeals today rejected one of the last appeals attempts by a man set to die Friday for the execution-style shooting death of a Muncie police officer in 1990.

A five-page unanimous decision by the three-judge panel in the federal appeals court in Chicago rejected Michael Allen Lambert's claims for relief in Lambert v. Edwin G. Buss, Nos. 03-1015 and 05-2610. The ruling upholds the judgment by U.S. District Judge Larry McKinney in Indianapolis.

In its opinion, the panel wrote per curiam that only the Supreme Court of the United States has the power to make a decision on Lambert's behalf, as previous attempts and rulings have nearly exhausted his relief possibilities.

While Lambert's requests are to file successive petitions for habeas relief under the federal Constitution, they are "actually masquerading as motions to recall mandates. While we certainly do not fault Mr. Lambert for leaving no stone unturned in his effort to stave off his execution, the relief he seeks is quite extraordinary."

The court can recall mandates but will only do so in extraordinary circumstances, it wrote. This case doesn't present those circumstances, according to the court.

"Any further relief must come from the (U.S.) Supreme Court," Circuit Judge Kenneth Ripple wrote in his concurrence.

Lambert's attorneys have filed a petition with SCOTUS to block the execution, but the high court hasn't ruled on that. In the petition, one issue cited is how at least two Indiana Supreme Court justices have disagreed on the imposition of death sentences, even during Lambert's appeals calling it "constitutionally infirm under both State and Federal constitutions."

When the Indiana Supreme Court denied post-conviction relief in May, Justices Theodore Boehm and Robert D. Rucker both dissented. Justice Boehm cited his dissent from Lambert's previous appeal in 2005 that said, "Without an error-free penalty phase, the death sentence could not stand under the current Indiana statute, and a new penalty phase was required."

Aside from court appeals, Gov. Mitch Daniels also has the authority to halt the execution despite a recommendation from the state parole board last week to deny clemency.

If Lambert is executed Friday as scheduled, he will be the second person put to death by lethal injection this year. David Leon Woods was executed in May for the 1984 killing of a 77-year-old neighbor in Fort Wayne. The January execution of Norman Timberlake was temporarily halted while the U.S. Supreme Court reviews a similar case. A ruling on that is expected later this year.
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  1. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  2. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

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  4. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  5. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

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