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Justices vacate life sentence

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The Indiana Supreme Court vacated a convicted murderer's sentence of life in prison without parole because the trial court judge didn't have the authority to impose the sentence after the jury failed to reach a unanimous sentencing recommendation.

Kyle Kiplinger appealed his sentence of life in prison without parole following his convictions of murder and felony murder for the rape and death of Bobbi Jo Braunecker. Kiplinger and Darrick O'Brien gave her a ride home following a party and beat her and knocked her unconscious so O'Brien could have sex with her. They killed her and left her body in a river.

The state sought life without parole based on the qualifying aggravating circumstance that Kiplinger intentionally killed Braunecker while committing or attempting to commit rape. The jury found him guilty, but was unable to reach a unanimous decision on a sentence recommendation. The jury never returned a special verdict form finding the state proved the aggravating circumstance beyond a reasonable doubt, only that the state proved that the charged aggravating circumstance outweighed any mitigating circumstances. The judge then sentenced him to life without parole.

In Kyle Kiplinger v. State of Indiana, No. 62S00-0809-CR-486, Kiplinger argued the jury never found the charged aggravating circumstance had been proven by a reasonable doubt. The state claimed that the jury determined that the state had proved the charged aggravating circumstance outweighed the mitigating circumstances on a "special verdict form," and that this sufficiently demonstrated that the jury had found an aggravating circumstance beyond a reasonable doubt.

The jury in Kiplinger's trial wasn't able to reach a unanimous decision on the life sentence and its guilt phase verdicts don't necessary establish that the aggravating circumstance was proven beyond a reasonable doubt, wrote Justice Frank Sullivan.

"The jury found that the State had proved the charged aggravating circumstance out-weighed the mitigating circumstances. We acknowledge that it would be permissible to infer that the jury unanimously found the existence of the charged aggravating circumstance from this finding," he wrote. "We are unable, however, to infer that the jury found beyond a reasonable doubt that the State had proved the aggravating circumstance."

When a jury is unable to reach a unanimous decision as to the existence of an aggravating circumstance and the Sixth Amendment prohibits the trial judge from imposing a sentence of life without possibility of parole under Indiana Code Section 35-50-2-9(f), a new penalty phase trial is required.

The justices remanded for re-sentencing. If the state dismisses its request for the life sentence, then Kiplinger should be re-sentenced to a term of years. If not, then the trial court shall convene a new penalty phase jury.

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  1. 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

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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