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Judge reduces death sentences to life without parole

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If he’d had the ability more than three years ago to factor in a jury’s deadlocked view on the death penalty, a southern Indiana judge says he would have imposed life without parole rather than the death penalty for a man convicted of triple murder.

But he didn’t have that ability then, and it wasn’t until the Indiana Supreme Court re-evaluated precedent almost two years ago that trial judges throughout the state got that chance.

On Aug. 12, Vanderburgh Circuit Judge Carl Heldt did what he’d wanted to years ago – modify a death sentence for convicted killer Danny Ray Wilkes and instead order he serve three terms of life without parole.

The judge’s Post-Conviction Relief order came in the case of Wilkes v. State, No. C01-1009-PC-612, the latest in a line of court decisions since the triple-murder trial ended in late 2007.

Wilkes was convicted in December 2007 on three murder counts for the April 2006 killings of an Evansville mother and her two daughters, ages 8 and 13. While jurors agreed on the guilt phase of the trial, they came back deadlocked 11-1 on the penalty Wilkes should face for the crimes. Judge Heldt, serving as a special judge in the case tried in Clark Circuit Court, sentenced Wilkes to death. That marked the first time any Indiana judge had faced that issue since state law had changed and required judges to follow juries’ sentencing recommendations in capital cases. Before that, judges needed only to consider juries’ recommendations and could enter a different penalty in capital cases.

The Indiana Supreme Court in December 2009 upheld the death sentences against Wilkes, finding nothing wrong with how Judge Heldt had applied the law and precedent in place at the time. But the court re-evaluated its stance on what it means when a jury fails to recommend a sentence in a capital case, and chose a new direction from what had been done in the past.

A divided court in 1992 had held no meaning should be interpreted from a jury’s failure to reach a recommendation on death, nor should it be considered a mitigating factor during the penalty phase. That view was upheld in subsequent cases, but when Wilkes’ case appeared before the justices in 2009, Justice Theodore Boehm wrote that an increased emphasis on the role of juries in sentencing during the past decade gave the court reason to reconsider that precedent.

With its ruling, the justices set a new standard for future cases: a jury’s uncertainty could be a relevant consideration for a trial judge to consider in determining the appropriate sentence. Justice Brent Dickson dissented and wrote that he continued to believe a jury’s inability to reach a unanimous sentencing recommendation on death shouldn’t be a factor.

That set the stage for Judge Heldt’s decision Aug. 12, after the PCR proceedings played out during a two-day hearing in June. The Indiana Public Defender’s Office represented Wilkes and argued he should receive a new trial on various issues, such as ineffective assistance of trial counsel and evidence insufficiency. Judge Heldt denied all of Wilkes’ PCR claims, but decided the death sentences should be modified.

"Had this Court had the authority to consider the jury's inability to reach a penalty recommendation at the time of its original sentencing order, it would have sentenced the defendant to life imprisonment without parole," Judge Heldt wrote in his 50-page order. “This court finds that the inability of a jury to recommend the death penalty is a significant consideration."

Citing one of the landmark cases from 1976 that reinstated the death penalty nationwide, Judge Heldt described the death penalty as "society’s ultimate criminal sanction" and wrote that the jury’s indecision must be weighed against all the other aggravating and mitigating factors in this case. That leads him to conclude that Wilkes should receive a sentence of life without parole for each of the three murder counts. The judge wrote that if he’d had that chance to consider the deadlocked jury issue before, his ruling would have been different. Now, it would be “manifestly unjust to allow this Court’s ruling to remain unchanged.”

The Office of the Indiana Attorney General hasn’t yet reached a decision on whether to appeal, according to spokesman Bryan Corbin. Procedurally, the state can ask the Indiana Supreme Court to hear the case and then take the case to the federal courts for consideration.

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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