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Supreme Court affirms death sentence in 2001 rape, murder

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A man whose death sentence and murder and rape convictions previously were reversed on appeal to the Indiana Supreme Court remains condemned after the justices on Thursday affirmed a trial court’s denial of post-conviction relief.

Roy Lee Ward appealed the denial of post-conviction relief of his death sentence after he pleaded guilty to murder and rape in his second trial for the 2001 mutilation killing of 15-year-old Stacy Payne. The state’s high court previously reversed his first conviction due to prejudicial publicity.

The Indiana Supreme Court affirmed denial of PCR on a direct appeal from Spencer Circuit Special Judge Robert Pigman. Ward appealed on several grounds. He claimed trial counsel were ineffective in presenting mitigating factors, challenging aspects of the state’s case, and assisting at appeal; and that Indiana’s death penalty violates the Eighth Amendment.

The unanimous 52-page ruling in Roy Lee Ward v. State of Indiana, 74S00-0907-PD-320, held that mitigating factors such as Ward’s mental health and upbringing were properly heard in post-conviction relief, and in some cases Ward raised claims in PCR that were unknown at the time of his trial.

“Our review of the record does not lead us to an opposite conclusion than that reached by the PC court, that Ward’s trial counsel did not perform deficiently in their mitigation investigation,” Justice Frank Sullivan wrote. “The record largely corroborates the PC court’s findings of fact and ultimately supports its conclusions of law.”

The opinion detailed the grisly nature of Ward’s crime and found that any mitigating factors that had not been presented at sentencing would have been unlikely to persuade jurors to impose a sentence of life without parole.

“The dominant features of Ward’s makeup as it relates to this case are his antisocial personality and his total lack of remorse,” Sullivan wrote. “ … We found the evidence of torture and mutilation to be overwhelming.”

The justices also rejected claims by Ward that Indiana’s death penalty was unconstitutional and that evidence of fewer executions and capital opinions weighed in favor of a sentence of life without parole.
 
“We do not find the reduction in the rate of death sentences imposed since 1993 to result from any constitutional infirmity in our death penalty statute,” the justices found, and used Ward’s claims of declining frequency to argue in favor of its constitutionality.

“Ward reported that 94 individuals had been sentenced to death in Indiana since 1977,” the ruling says. “Of those, 22 had been executed, 12 were currently on death row, and 4 had died of other causes. We have reviewed the remaining 56 cases and found that in 44, the individuals received relief from their death sentences on direct appeal or in state post-conviction proceedings.

“We believe this record is indicative of a death penalty system that provides the appellate review required by the Constitution.”





 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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