Justices set execution in stun-belt restraint case

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The Indiana Supreme Court has denied a condemned inmate's challenge to his death sentence and set a date for what would be the state's first execution in more than two years.

Issuing an order on a post-conviction relief request, justices decided 4-1 to deny the claims in Matthew Eric Wrinkles v. State of Indiana, No. 82S00-0905-SD-249. Wrinkles was convicted and sentenced to die for the murders of his wife, her brother, and her sister-in-law in July 1994. The convictions and sentences have been upheld at the state and federal appellate levels, including claims that Wrinkles had been forced to wear a stun-belt restraint at trial. The U.S. Supreme Court declined to take up that issue.

In his filing for successive post-conviction relief, Wrinkles argued that he received ineffective assistance of counsel during the guilt and sentencing phases of trial because his attorney did not object to the stun-belt restraint, which may have been visible to jurors. However, the majority of justices determined Wrinkles did not adequately establish a reasonable possibility that he's entitled to post-conviction relief.

Justice Theodore Boehm was the lone dissenter, writing his own opinion that says he would grant Wrinkle's request for a successive post-conviction hearing, as long as it's limited to the determination of whether the penalty phase was held in violation of the 14th Amendment.

"Because I believe the resolution of this case is far from simple, and involves the interplay among several legal doctrines, I attempt to summarize my reasoning at the outset," he wrote, before penning six pages of a dissent.

"A convicted person gets only one opportunity to raise a claim of ineffective assistance of counsel in violation of the Sixth Amendment. Wrinkles has already presented a claim of ineffective assistance," Justice Boehm wrote. "In an ordinary case, that would preclude revisiting that issue. This is a death penalty case, however, and the claim relates only to the penalty, not conviction as to which the lack of prejudice seems clear. I would not permit a death sentence to be carried out without assuring that it has been imposed in accordance with the law."

Without any stay of execution in place, justices issued a separate order setting the lethal injection for before sunrise on Dec. 11.

If the execution goes forward without intervention by federal courts or Gov. Mitch Daniels, then Wrinkles would be the first person executed in Indiana since June 2007 - when Michael Lambert received a lethal injection for the killing of a Muncie police officer almost two decades earlier. In total, 19 people have been executed in Indiana since the state brought back the death penalty - eight since Daniels took office in 2005.


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  1. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  2. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  3. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  4. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  5. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well