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. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. 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?)

  3. 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.

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

  5. 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.