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Judge refuses inmate's request for execution

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A northern Indiana judge has turned down the request of a murder convict who asked to be executed even though he wasn't sentenced to death.

LaPorte Circuit Judge Thomas Alevizos ruled Monday that Walter Leach has not exhausted his alternatives in seeking an execution from the Indiana Department of Correction and that the court has no legal power to grant the request. Due to that, Alevizos said, there was no way for the case to proceed.

"Even if an exhaustion had been shown, there is no common law or statutory authority for a court to grant the requested remedy," Alevizos wrote in his brief order.

Leach, who doesn't have an attorney and is representing himself, was denied even a court hearing on his request. He is an inmate at the Indiana State Prison in Michigan City, where executions are carried out in the state.

Leach claimed to have sent copies of his request to the Department of Correction, the governor's office and the Indiana attorney general's office, but none of the agencies said they could find any such formal request.

Leach, 63, didn't say why he was requesting a lethal injection in the petition he filed Aug. 20 in LaPorte Circuit Court. Leach is serving a 95-year sentence for a 1995 fatal shooting outside an Elkhart County bar. His earliest possible release date is in 2045, when he would be 93 years old, according to the Department of Correction website.

The department said Leach could not be made available for an interview Wednesday.

Witnesses testified during Leach's trial that they saw him staring angrily at Howard VanZant and threatening him inside Duke's Bar in Nappanee on July 4, 1995, the Elkhart Truth reported. VanZant was shot in the head as he exited the bar, and witnesses described seeing Leach in a "pistol stance" pointing at VanZant.

Leach was sentenced to the maximum of 65 years for the murder, with an added 30 years for being a habitual offender.

Clark County Prosecutor Steve Stewart, an expert on the history of capital punishment in Indiana, said Wednesday that Leach's request was unusual but not unprecedented.

Robert Smith was serving a 38-year sentence for battery at the Wabash Valley Correctional Facility in 1995 when he fatally stabbed a fellow inmate who had been convicted of killing a toddler, Stewart said. Smith pleaded guilty to murder on the condition that he would be given the death penalty. He was sentenced to death and was executed in 1998.

Stewart said that many people who are arrested for murder ask for the death penalty but later change their minds.

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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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