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Indiana Supreme Court upholds death penalty

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The Indiana Supreme Court today upheld the death penalty for a man convicted of killing a woman and her two daughters. In doing so, the high court re-evaluated its stance on what it means when a jury fails to recommend a sentence.

In Danny Ray Wilkes v. State of Indiana, No. 10S00-0808-DP-453, Danny Ray Wilkes appealed his convictions of murdering Donna Claspell and her two daughters, ages 8 and 13, in 2006, and his death sentence.

One of Wilkes' many arguments as to why he should be re-sentenced was because the trial court should have considered the jury's inability to arrive at a unanimous sentencing recommendation as a mitigating factor. A divided Supreme Court had previously held in Roche v. State, 596 N.E.2d 896 (Ind. 1992), that no meaning should be interpreted from a jury's failure to reach a recommendation, nor should it be considered as a mitigating factor during the penalty phase. That view was upheld in subsequent cases; however, Justice Theodore Boehm wrote that the increased emphasis on the role of the jury in sentencing gives the court a reason to reconsider Roche and its progeny.

The justices found the jury's uncertainty to be a relevant consideration rather than a mitigating circumstance that the trial court should consider in determining an appropriate sentence.

"We therefore ... hold that it is 'appropriate' for the trial court to consider the fact that the jury ­- whose recommendation would otherwise be binding ­- could not agree," wrote Justice Boehm. "We do not find the trial court's adherence to then-existing precedent to be error, much less reversible error."

On this issue, Justice Brent Dickson dissented because he continued to believe a jury's inability to reach a unanimous sentencing recommendation is logically unrelated to the defendant's conduct or personal circumstances, so it shouldn't be considered.

Wilkes also argued the trial court was required to consider the evidence that he had adjusted to life in prison as a mitigating circumstance, citing Skipper v. South Carolina, 476 U.S. 1, 4 (1986).

The trial court was required to consider all the evidence relevant to mitigation, including Wilkes' positive adjustment to incarceration. Both the jury and the trial court heard this evidence and found the aggravating factors outweighed the mitigating ones, wrote Justice Boehm. Under Skipper, that is all that is required.

The high court found a detective's statement expressing his opinion of Wilkes' guilt was problematic under Indiana Evidence Rule 704(b), but that one line was relevant only to guilt and not the penalty phase, and was harmless in view of the forensic evidence and confessions supporting Wilkes' guilt.

The justices also affirmed the admittance of transcripts and recordings of four interviews in which Wilkes acknowledged his guilt; the use of "special verdict" forms; other issues Wilkes raised on appeal.

"We cannot say that the death sentences in this case are inappropriate. The nature of the offense is a triple murder of a mother and her two children. The murders, especially of Donna and Sydne, were committed in a particularly gruesome manner. We have upheld death sentences in similar cases," wrote Justice Boehm.

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  1. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

  2. Low energy. Next!

  3. Had William Pryor made such provocative statements as a candidate for the Indiana bar he could have been blackballed as I have documented elsewhere on this ezine. That would have solved this huuuge problem for the Left and abortion industry the good old boy (and even girl) Indiana way. Note that Diane Sykes could have made a huuge difference, but she chose to look away like most all jurists who should certainly recognize a blatantly unconstitutional system when filed on their docket. See footnotes 1 & 2 here: http://caselaw.findlaw.com/us-7th-circuit/1592921.html Sykes and Kanne could have applied a well established exception to Rooker Feldman, but instead seemingly decided that was not available to conservative whistleblowers, it would seem. Just a loss and two nice footnotes to numb the pain. A few short years later Sykes ruled the very opposite on the RF question, just as she had ruled the very opposite on RF a few short years before. Indy and the abortion industry wanted me on the ground ... they got it. Thank God Alabama is not so corrupted! MAGA!!!

  4. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  5. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

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