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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. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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