« Ind. Decisions - Two opinions yesterday from Tax Court | Main | Ind. Decisions - "Indiana Supreme Court affirms Wilkes' death sentence" »

Thursday, December 10, 2009

Ind. Decisions - Supreme Court decides two today

In Danny Ray Wilkes v. State of Indiana, a 24-page, 5-0 opinion, Justice Boehm writes:

In this direct appeal, Daniel Wilkes appeals his murder convictions and death sentence. We affirm Wilkes’s murder convictions and death sentence. * * *

In this direct appeal, Wilkes challenges his convictions and his sentence, arguing that:
I. The trial court erred in admitting transcripts and recordings of four interviews in which he acknowledged his guilt;
II. The trial court erred in admitting evidence of his molesting of Avery, expert testimony regarding a presumptive test for blood, and opinion testimony on guilt;
III. Indiana’s death penalty statute violates the Indiana Constitution’s requirement of separation of powers and the Federal Sixth Amendment; and
IV. Wilkes was not sentenced properly. * * *

Conclusion: Wilkes’s convictions and death sentence are affirmed.

Shepard, C.J., and Sullivan and Rucker, JJ., concur.
Dickson, J., concurs in result with separate opinion. [that reads in full] I concur except with respect to the Court’s departure from Roche v. State, 596 N.E.2d 896 (Ind. 1992), and its progeny. I continue to believe that a jury’s inability to reach a unanimous sentencing recommendation is logically unrelated to the defendant’s conduct or personal circumstances and thus is irrelevant as a consideration in determining the appropriate sentence for a defendant.

In Gary Community School Corp. v. Lolita Roach-Walker and Victor Walker , an 8-page, 5-0 opinion, Justice Boehm writes:
The Indiana Tort Claims Act confers immunity on units of government from liability for injuries caused by ―[t]he temporary condition of a public thoroughfare . . . that results from weather.‖ We hold that this provision bars claims for injuries sustained during the time reasonably required for the governmental unit to respond to weather conditions. The governmental unit bears the burden of establishing its claim to immunity and in this case the Gary Schools did not carry its burden, so we affirm the judgment of the trial court in favor of the plaintiffs.

Posted by Marcia Oddi on December 10, 2009 11:21 AM
Posted to Ind. Sup.Ct. Decisions