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Justices uphold death sentence

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The Indiana Supreme Court has upheld the sentence for a man sentenced to die for the 2001 rape and murder of a 15-year-old girl in southern Indiana.

A unanimous 21-page decision came today in Roy Lee Ward v. State, No. 74S00-0707-DP-263, affirming a sentence imposed after the defendant's second trial held before Spencer Circuit Special Judge Robert Pigman.

Ward was convicted for the rape and murder of Stacy Payne in Spencer County in July 2001. He'd pretended to be searching for a lost dog, and convinced the teenager to let him inside her house where raped her on the kitchen floor and then fatally slashed her body and throat with a knife.

The first trial resulted in guilty verdicts for murder, rape, and criminal deviate conduct and a jury recommended the death penalty, but those convictions and the sentence were reversed in 2004 because of pre-trial publicity. On remand, the parties agreed to bring in a jury from Clay County with a special judge holding the trial in his Vanderburgh County courtroom. The defendant pleaded guilty to murder and rape charges and the jury and judge issued a death penalty again.

Ward appealed on arguments that the Indiana death penalty statute is unconstitutional, that the jury wasn't property selected, that evidence from a warrantless search and photo evidence shouldn't have been admitted, and that the death sentence wasn't appropriate.

But justices rejected all of Ward's appellate arguments, including the photo evidence claim on grounds that the photos were gruesome but relevant to the case. Ward's attorneys had also argued that the 120 prospective jurors should have been questioned individually, outside the presence of other potential jurors, so that no one's answers would be overheard or influence another. Attorneys said jurors were ultimately lumped into groups of 10 or 20 and questioned, and they prevented Ward from getting a fair second trial.

"A trial court has broad discretionary power to regulate the form and substance of voir dire," Justice Brent E. Dickson wrote for the court. "Individually sequestered voir dire is not mandated in any case under Indiana law, including capital cases, absent highly unusual or potentially damaging circumstances. ... The defendant has not established reversible error in the trial court's modification of the format for questioning potential jurors in this case."

Chief Justice Randall T. Shepard concurred in the decision to affirm, adding that he continues to believe that "there is less justification for appellate alteration of sentence than there was when judges (rather than juries) were the final deciders of sentence."

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  1. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  2. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  3. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  4. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  5. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

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