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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. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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