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Justices affirm denial of killer’s post-conviction relief

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A man originally sentenced to die for the 2006 murders of a mother and her 8- and 13-year-old daughters will continue to serve his converted sentence of life without parole after the Indiana Supreme Court on Thursday afternoon affirmed a trial court’s denial of post-conviction relief.

Daniel Ray Wilkes’ death penalty had been upheld by the state Supreme Court in 2009, but a post-conviction relief court modified the sentence imposed in Clark Circuit Court for the slayings of Donna Claspell, Sydne Claspell, 8, and Avery Pike, 13.

In Daniel Ray Wilkes v. State of Indiana, 10S00-1004-PD-185, justices unanimously rejected Wilkes’ argument that the PCR court deprived him of his right to an impartial jury and effective assistance of counsel.

Wilkes argued that his counsel failed to present potentially exculpatory evidence and that a juror wasn’t asked any questions by his counsel during jury selection.

“The post-conviction court granted the defendant’s request to vacate his death sentence. In thus imposing a sentence of life imprisonment without parole, the court denied the defendant's request for a reversal of his convictions and remand for a new trial based on claims that the defendant received constitutionally ineffective assistance of trial defense counsel; that the defendant was deprived of his right to an impartial jury under the U.S. and Indiana constitutions; and that the defendant was entitled to discovery or in camera review of the mental health records of Juror A's family,” Chief Justice Brent Dickson concluded in the unanimous opinion.

“In his appeal from this latter denial of post-conviction relief, the defendant has not met his burden to obtain appellate relief. He has not established that the post-conviction evidence conclusively points to a conclusion contrary to that of the post-conviction court. We affirm the judgment of the post-conviction court and the defendant's resulting sentence of life imprisonment without parole.”
 

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  1. I will be filing a lawsuit in Tippecanoe County for so many violations in a case we became involved in, including failure to contact through mail, Violation of 4th Amendment rights, Violation of Civil Rights, and so on. Even the Indiana Ombudsmen Bureau found violations and I have now received the report and they are demanding further training in Tippecanoe County. I am going to make sure they follow through!!!

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  3. I thought the purpose of the criminal justice center was to consolidate all the criminal services and get them out of downtown to clean up the place. Why in the HELL are the civil courts moving? What a burden to all the downtown law firms. Now we all get to work downtown, but then have to get in a car and COMMUTE to court? Who approved this idiocy?

  4. I drive through the neighborhood whenever I go to the City-County Building or the Federal Courthouse. The surrounding streets are all two way with only two lanes of traffic, and traffic is very slow during rush hour. I hope that enough money has been allocated to allow for improvement of the surrounding streets.

  5. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

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