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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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