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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. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

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