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Death penalty, election arguments Thursday

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The Indiana Supreme Court will hear arguments Thursday in a death penalty case, a dispute whether the elected mayor of Terre Haute was eligible to run for office, and whether an order for a mother's voluntary termination of parental rights should have been set aside.

At 9 a.m., the justices will hear Daniel Ray Wilkes v. State of Indiana, No. 10S00-0808-DP-453. Daniel Ray Wilkes was convicted in Clark County for the murders of an Evansville woman and her two children. The jury failed to reach a unanimous decision as to Wilkes' sentence, so Vanderburgh Circuit Judge Carl Heldt issued a death sentence.

This was 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. The state law amendment requires judges to follow jury sentencing recommendations in capital cases. In the direct appeal, Wilkes argued various errors occurred during his trial and sentencing.

Arguments in Kevin D. Burke v. Duke Bennett, No. 84S01-0904-CV-148, begin at 10:05 a.m. Duke Bennett was elected mayor of Terre Haute in 2007, but his opponent, Kevin Burke, contested the election because he claimed Bennett was ineligible to run for office since he worked for a nonprofit that received federal funds. Bennett was declared the winner, but the Indiana Court of Appeals in a 2-1 decision reversed and held that Bennett is disqualified, the mayor's office is vacant, and a special election is required.

The high court will also hear arguments at 10:55 a.m. in a case involving the denial of a mother's motion to set aside an order for voluntary termination of her parental rights. In the case In Re: Termination of parent-child relationship of M.B. and S.B., No. 34S02-0805-JV-437, the Howard Circuit Court denied the mother's Trial 60(B) motion to set aside the order voluntarily ending her parental rights. The Court of Appeals affirmed in the matter of first impression, ruling the addendum to her consent providing for post-adoption visitation was unenforceable because a partial termination of parental rights doesn't exist under Indiana law and severing the addendum didn't frustrate the basic purpose of the remainder of the agreement.

All arguments will be webcast live from the Supreme Court courtroom.

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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