ILNews

SCOTUS declines Indiana death penalty case

Back to TopE-mailPrintBookmark and Share

The nation’s highest court won’t re-consider a ruling by the Indiana Supreme Court late last year that upheld a man’s death sentence and revised its stance on what it means when a jury fails to recommend a unanimous sentence.

In a private conference Friday, the Supreme Court of the United States denied a writ of certiorari in the case of Daniel Ray Wilkes v. Indiana, 09-1539, which stems from the state Supreme Court’s unanimous direct appeal ruling Dec. 9, 2009. The justices affirmed Daniel Ray Wilkes' convictions and death penalty and in March denied a rehearing request. His defense attorneys in June filed a request with the SCOTUS for review. An order list issued today shows the court declined the request.

Wilkes was arrested in 2006 for the murders in Evansville of Donna Claspell and her daughters, 13-year-old Avery Pike and 8-year-old Sydne Claspell, and a jury ultimately found him guilty. But the jurors couldn’t reach a unanimous agreement on whether Wilkes should live or die, as one person opposed the sentence. Special Judge Carl Heldt from Clark Circuit Court sentenced him to death, but Wilkes argued the trial court should have considered the jury's inability to arrive at a unanimous sentencing recommendation as a mitigating factor.

A divided state Supreme Court had previously held in Roche v. State, 596 N.E.2d 896 (Ind. 1992), that no meaning should be interpreted from a jury's failure to reach a recommendation, nor should it be considered as a mitigating factor during the penalty phase. With its decision last year in Wilkes, the justices found the jury's uncertainty to be a relevant consideration rather than a mitigating factor that the trial court should consider in determining an appropriate sentence.

"We cannot say that the death sentences in this case are inappropriate. The nature of the offense is a triple murder of a mother and her two children. The murders, especially of Donna and Sydne, were committed in a particularly gruesome manner. We have upheld death sentences in similar cases," Justice Theodore R. Boehm wrote for the court at the time.

Now that the federal justices have denied Wilkes’ request, his post-conviction timetable begins with a hearing set for next summer and a special judge’s decision expected by August 2011. Ultimately, the Indiana Supreme Court will likely again receive the case at the post-conviction relief stage and eventually may have to decide when to set an execution date.

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  2. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  3. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  4. 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

  5. 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.

ADVERTISEMENT