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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. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  2. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  3. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

  4. I've been denied I appeal court date took a year my court date was Nov 9,2016 and have not received a answer yet

  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

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