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SCOTUS declines Indiana death penalty case

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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.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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