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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. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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