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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