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Killer’s 50-year conspiracy sentence vacated as double jeopardy

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The sentence of a man convicted of killing his ex-wife was reduced by 50 years Tuesday when the Indiana Court of Appeals granted in part his petition for post-conviction relief.

James R. Willey was convicted in the 1997 strangulation and bludgeoning death of Janice Willey in the garage of her Zionsville home. The state alleged James Willey had hired a friend, Roger Barnard, to kill Janice Willey, but Barnard killed himself shortly after her death, according to the record. A jury found Willey guilty of felony murder, conspiracy to commit aggravated battery, conspiracy to commit burglary, involuntary manslaughter and burglary.

Willey was sentenced to 65 years in prison for felony murder and 50 years on the burglary conspiracy conviction, to be served consecutively for an aggregate 115-year term. His convictions and sentence were affirmed by the Indiana Supreme Court in 1999. On Tuesday, the Court of Appeals in a not-for-publication opinion Tuesday found persuasive caselaw since the crime and sentencing to lift the 50-year sentence.

“We reject all of Willey’s claims but one – his claim that his convictions for conspiracy to commit burglary and felony murder violate Indiana’s constitutional prohibition against double jeopardy, and trial and appellate counsel were ineffective for failing to raise this argument,” Chief Judge Nancy Vaidik wrote for the panel in James R. Willey v. State of Indiana (NFP), 06A05-1306-PC-268.

“In light of our Supreme Court’s holding in Grinstead v. State, 845 N.E.2d 1027 (Ind. 2006), we must agree, and therefore vacate his fifty-year sentence for conspiracy to commit burglary.”

Willey, now 69, is held in the Pendleton Correctional Facility. His earliest projected release date had been 2054, according to the Indiana Department of Correction. With the 50-year sentence lifted, he now would be eligible for release in 2029, according to DOC guidelines.

 

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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