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Supreme Court affirms death sentence in 2001 rape, murder

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A man whose death sentence and murder and rape convictions previously were reversed on appeal to the Indiana Supreme Court remains condemned after the justices on Thursday affirmed a trial court’s denial of post-conviction relief.

Roy Lee Ward appealed the denial of post-conviction relief of his death sentence after he pleaded guilty to murder and rape in his second trial for the 2001 mutilation killing of 15-year-old Stacy Payne. The state’s high court previously reversed his first conviction due to prejudicial publicity.

The Indiana Supreme Court affirmed denial of PCR on a direct appeal from Spencer Circuit Special Judge Robert Pigman. Ward appealed on several grounds. He claimed trial counsel were ineffective in presenting mitigating factors, challenging aspects of the state’s case, and assisting at appeal; and that Indiana’s death penalty violates the Eighth Amendment.

The unanimous 52-page ruling in Roy Lee Ward v. State of Indiana, 74S00-0907-PD-320, held that mitigating factors such as Ward’s mental health and upbringing were properly heard in post-conviction relief, and in some cases Ward raised claims in PCR that were unknown at the time of his trial.

“Our review of the record does not lead us to an opposite conclusion than that reached by the PC court, that Ward’s trial counsel did not perform deficiently in their mitigation investigation,” Justice Frank Sullivan wrote. “The record largely corroborates the PC court’s findings of fact and ultimately supports its conclusions of law.”

The opinion detailed the grisly nature of Ward’s crime and found that any mitigating factors that had not been presented at sentencing would have been unlikely to persuade jurors to impose a sentence of life without parole.

“The dominant features of Ward’s makeup as it relates to this case are his antisocial personality and his total lack of remorse,” Sullivan wrote. “ … We found the evidence of torture and mutilation to be overwhelming.”

The justices also rejected claims by Ward that Indiana’s death penalty was unconstitutional and that evidence of fewer executions and capital opinions weighed in favor of a sentence of life without parole.
 
“We do not find the reduction in the rate of death sentences imposed since 1993 to result from any constitutional infirmity in our death penalty statute,” the justices found, and used Ward’s claims of declining frequency to argue in favor of its constitutionality.

“Ward reported that 94 individuals had been sentenced to death in Indiana since 1977,” the ruling says. “Of those, 22 had been executed, 12 were currently on death row, and 4 had died of other causes. We have reviewed the remaining 56 cases and found that in 44, the individuals received relief from their death sentences on direct appeal or in state post-conviction proceedings.

“We believe this record is indicative of a death penalty system that provides the appellate review required by the Constitution.”





 

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  1. Ah ha, so the architect of the ISC Commission to advance racial preferences and gender warfare, a commission that has no place at the inn for any suffering religious discrimination, see details http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 ..... this grand architect of that institutionalized 14th amendment violation just cannot bring himself to utter the word religious discrimination, now can he: "Shepard noted two questions rise immediately from the decision. The first is how will trial courts handle allegations of racism during jury deliberations? The second is does this exception apply only to race? Shepard believes the exception to Rule 606 could also be applied to sexual orientation and gender." Thus barks the Shepard: "Race, gender, sexual orientation". But not religion, oh no, not that. YET CONSIDER ... http://www.pewforum.org/topics/restrictions-on-religion/ Of course the old dog's inability to see this post modern phenomena, but to instead myopically focus on the sexual orientation issues, again betrays one of his pet protects, see here http://www.in.gov/judiciary/admin/files/fair-pubs-summit-agenda.pdf Does such preference also reveal the mind of an anti-religious bigot? There can be no doubt that those on the front lines of the orientation battle often believe religion their enemy. That certainly could explain why the ISC kicked me in the face and down the proverbial crevice when I documented religious discrimination in its antechambers in 2009 .... years before the current turnover began that ended with a whole new court (hallelujah!) in 2017. Details on the kick to my face here http://www.wnd.com/2011/08/329933/ Friends and countrymen, harbor no doubt about it .... anti-religious bias is strong with this old dog, it is. One can only wonder what Hoosier WW2 hero and great jurist Justice Alfred Pivarnik would have made of all of this? Take this comment home for us, Gary Welsh (RIP): http://advanceindiana.blogspot.com/2005/05/sex-lies-and-supreme-court-justices.html

  2. my sister hit a horse that ran in the highway the horse belonged to an amish man she is now in a nurseing home for life. The family the horse belonged to has paid some but more needs to be paid she also has kids still at home...can we sue in the state f Indiana

  3. Or does the study merely wish they fade away? “It just hasn’t risen substantially in decades,” Joan Williams, director of the Center for WorkLife Law at the University of California Hastings College of the Law told Law360. “What we should be looking for is progress, and that’s not what we’re seeing.” PROGRESS = less white males in leadership. Thus the heading and honest questions here ....

  4. One need not wonder why we are importing sex slaves into North America. Perhaps these hapless victims of human trafficking were being imported for a book of play with the Royal Order of Jesters? https://medium.com/@HeapingHelping/who-are-the-royal-order-of-jesters-55ffe6f6acea Indianapolis hosts these major pervs in a big way .... https://www.facebook.com/pages/The-Royal-Order-of-Jesters-National-Office/163360597025389 I wonder what affect they exert on Hoosier politics? And its judiciary? A very interesting program on their history and preferences here: https://www.youtube.com/watch?v=VtgBdUtw26c

  5. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

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