Justices decide on 3 death penalty cases

Michael W. Hoskins
January 1, 2007
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The Indiana Supreme Court justices have the state's death penalty system on their minds.

Three rulings handed down this week have involved capital cases, including one that sets a new execution date for a condemned inmate. But some of the written rationale shows reluctance on at least two justices' parts to impose the death sentence.

In a ruling dated May 21in Michael Allen Lambert v. State of Indiana, No. 18S00-0412-SD-503, the court denied the latest appeal and ordered a new execution date of June 15 for Lambert, who is set to die for the shooting death of a Muncie police officer in 1990.

Shortly before Lambert was to be executed in June 2005, the U.S. Supreme Court declined to lift an order by the 7th U.S. Circuit Court of Appeals blocking his execution. The federal appeals court ultimately lifted the stay, and the U.S. Supreme Court declined for a fourth time to review his case.

That resulted in an appeal to the Indiana Supreme Court, where Lambert argued that his death sentence should be overturned because the state's high court had held previously that the jury in his case was improperly exposed to victim-impact evidence. He also argued that the state Supreme Court through the course of his litigation - via separate rulings - a majority of the five justices had dissented on the propriety of his death sentence. But in the 4-1 decision, the court wrote that Lambert had not met his burden of proving he should get relief.

Justice Robert D. Rucker dissented in a separate opinion, writing that he had dissented in Lambert's direct appeal and respectfully felt that the court should grant the petition.

Justice Theodore Boehm also wrote a separate concurring opinion that said "I respectfully but regrettably concur in the denial of Lambert's petition," adding that he had dissented in Lambert's direct appeal but stare decisis in 1996 and 2005 decisions have "foreclosed all issues now presented to us. Although I disagreed with those decisions, they remain the decisions of this Court ..."

Other death penalty-related rulings this week came in two high-profile cases, as well. A decision came in Fredrick Michael Baer v. State of Indiana, No. 45S00-04-DP-181, which involved the February 2004 murders of Jenna Clark and Cory Clark. Justice Brent Dickson wrote the unanimous 18-page opinion that rejected claims of prosecutorial misconduct, and trial court error in admitting telephone calls from jail and the mishandling of jurors.

Chief Justice Randall T. Shepard wrote the other opinion in Wayne Kubsch v. State of Indiana, No. 71S00-507-DP-333, which affirmed the trial court decision in a case that justices had overturned before. The St. Joseph County man was convicted and sentenced to death in 2000 for the triple murder of his wife, her ex-husband, and her 11-year-old son, but the Supreme Court reversed and remanded for a new trial in 2003 on grounds that jurors had improperly been allowed to see a videotaped police interrogation tape after Kubsch invoked his right to silence.

He was retried, convicted, and sentenced again, but his attorneys last year argued to justices that Kubsch deserved yet another trial because that county's prosecutor had once represented another man charged in the crime.

However, the court has ruled that appointment of a special prosecutor was not necessary because no conflict existed between Prosecutor Michael Dvorak and duties to a former client or the county citizens.

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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.