ILNews

Justices decide on 3 death penalty cases

Michael W. Hoskins
January 1, 2007
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The Indiana Supreme Court justices have the state's death penalty system on their minds.

Three rulings handed down this week have involved capital cases, including one that sets a new execution date for a condemned inmate. But some of the written rationale shows reluctance on at least two justices' parts to impose the death sentence.

In a ruling dated May 21in Michael Allen Lambert v. State of Indiana http://www.in.gov/judiciary/opinions/pdf/05210701ad.pdf, No. 18S00-0412-SD-503, the court denied the latest appeal and ordered a new execution date of June 15 for Lambert, who is set to die for the shooting death of a Muncie police officer in 1990.

Shortly before Lambert was to be executed in June 2005, the U.S. Supreme Court declined to lift an order by the 7th U.S. Circuit Court of Appeals blocking his execution. The federal appeals court ultimately lifted the stay, and the U.S. Supreme Court declined for a fourth time to review his case.

That resulted in an appeal to the Indiana Supreme Court, where Lambert argued that his death sentence should be overturned because the state's high court had held previously that the jury in his case was improperly exposed to victim-impact evidence. He also argued that the state Supreme Court through the course of his litigation - via separate rulings - a majority of the five justices had dissented on the propriety of his death sentence. But in the 4-1 decision, the court wrote that Lambert had not met his burden of proving he should get relief.

Justice Robert D. Rucker dissented in a separate opinion, writing that he had dissented in Lambert's direct appeal and respectfully felt that the court should grant the petition.

Justice Theodore Boehm also wrote a separate concurring opinion that said "I respectfully but regrettably concur in the denial of Lambert's petition," adding that he had dissented in Lambert's direct appeal but stare decisis in 1996 and 2005 decisions have "foreclosed all issues now presented to us. Although I disagreed with those decisions, they remain the decisions of this Court ..."

Other death penalty-related rulings this week came in two high-profile cases, as well. A decision came in Fredrick Michael Baer v. State of Indiana http://www.in.gov/judiciary/opinions/pdf/05220701bd.pdf, No. 45S00-04-DP-181, which involved the February 2004 murders of Jenna Clark and Cory Clark. Justice Brent Dickson wrote the unanimous 18-page opinion that rejected claims of prosecutorial misconduct, and trial court error in admitting telephone calls from jail and the mishandling of jurors.

Chief Justice Randall T. Shepard wrote the other opinion in Wayne Kubsch v. State of Indiana http://www.in.gov/judiciary/opinions/pdf/05220702rts.pdf, No. 71S00-507-DP-333, which affirmed the trial court decision in a case that justices had overturned before. The St. Joseph County man was convicted and sentenced to death in 2000 for the triple murder of his wife, her ex-husband, and her 11-year-old son, but the Supreme Court reversed and remanded for a new trial in 2003 on grounds that jurors had improperly been allowed to see a videotaped police interrogation tape after Kubsch invoked his right to silence.

He was retried, convicted, and sentenced again, but his attorneys last year argued to justices that Kubsch deserved yet another trial because that county's prosecutor had once represented another man charged in the crime.

However, the court has ruled that appointment of a special prosecutor was not necessary because no conflict existed between Prosecutor Michael Dvorak and duties to a former client or the county citizens.
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  1. 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.

  2. 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???

  3. 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?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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