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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. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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