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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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