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Supreme Court upholds life without parole sentence

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The Indiana Supreme Court has affirmed a man’s murder and robbery convictions and left in place his sentence of life without the possibility of parole.

Jeffery Cain came to Indiana with Matthu Sanders to find work. While in Indiana, they met Sanders’ friend Clinton Daniel Hess. Hess had a longstanding dispute with Raymond Morrow, who owned and operated a flea market. Morrow was later found dead in his flea market and the state charged Cain, Sanders, Hess and Matthew Nelson with murder, intentional murder and robbery while armed with a deadly weapon.

Cain objected to Hess’ testimony at his trial. On appeal, he argues that Hess’ testimony should have been excluded and that the prosecutor made prejudicial statements during her closing argument at the sentencing phase of his trial.

Hess originally refused to testify at Cain’s trial, but the state secured his testimony after the first day of that trial in exchange for a drastically lower charge in his own case. Cain argued that this caused him unfair surprise and deprived him of a fair trial. The justices disagreed, noting that Hess was listed as a witness for the state and that Cain’s lawyer had adequate time to prepare for cross-examination. The trial court was well within its discretion to deny Cain’s motion to exclude Hess’ testimony, wrote Chief Justice Randall T. Shepard in Jeffery W. Cain v. State of Indiana, No. 17S00-1008-CR-684.

The high court also looked at the prosecutor’s closing argument in which she mentioned terms-of-years sentences and how they can be reduced based on participation in education and other programs. She said, “Now people that are convicted of murder are pretty much on the bottom of their list to give ’em deals. But they have a lot of power to do that, unless you sentence Jeff Cain to life without parole.”

“Inaccurate as the prosecutor’s portrayal of these programs was, it seems apparent that the level of intentionality in Cain’s conduct (that being the charged aggravator) was very high,” wrote Shepard. “We conclude that this single paragraph in a closing argument that ran to over seven pages of transcript was not fundamental error.”
 

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  1. My husband financed a car through Wells Fargo In dec 2007 and in Jan 2012 they took him to court to garnish his wages through a company called autovest llc . Do u think the statue of limitations apply from the day last payment was received or from what should have been the completion of the loan

  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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