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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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