Court affirms murder conviction of man who killed stepdaughter

Back to TopCommentsE-mailPrintBookmark and Share

A southern Indiana man was not able to convince the Indiana Court of Appeals that the court should overturn his convictions of murder and other charges for stabbing his stepdaughter.

Ryan Shelby raised six issues on appeal, including that the trial court abused its discretion in denying his request to view the murder scene and independently collect evidence without supervision and that the cumulative effect of several alleged errors required reversal. He sought to overturn his convictions of murder, Class D felony obstruction of justice and two counts of Class A misdemeanor false informing.

Shelby and his teenage stepdaughter Lexi got into an argument late in the evening Oct. 31, 2009, over why Shelby didn’t bring Lexi’s half-sister home from his parents' home. The two had a history of not getting along. Lexi came at Shelby with a knife, after which Shelby disarmed her and then repeatedly stabbed her in the throat and neck. He dragged her behind their home’s backyard shed, where she bled to death.

The judges found the trial court didn’t abuse its discretion in denying Shelby’s motion to view the crime scene because it allowed him supervised access to the scene and allowed his defense to consult outside of the presence of the state. The order also allowed him to collect evidence.

The COA found he waived several claims on appeal, including claims that the trial court erred in failing to give certain jury instructions that he tendered, which combined with other alleged errors, should result in his convictions being overturned. He also waived his claims of prosecutorial misconduct by not moving for a mistrial or admonishment at trial. The judges also held that the fundamental error exception doesn’t apply, and they found no cumulative error.

“The trial court did not abuse its discretion in admitting Shelby’s statements to the police. And to the extent that the trial court erred in limiting the testimony of Shelby’s expert witness, the error was harmless in light of the testimony that was presented by the witness,” Judge Paul Mathias wrote in the 42-page opinion Ryan Shelby v. State of Indiana, 87A01-1207-CR-313.

“Lastly, even if the trial court did abuse its discretion in failing to consider Shelby’s proffered mitigator of ‘residual doubt,’ we would not remand for resentencing because Shelby’s advisory sentence of fifty-five years for the brutal murder of his stepdaughter is not inappropriate.”



Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.