DOB: 11-21-1962 DOC#: 22622 White Male
Madison County Superior Court
Judge
Thomas Newman, Jr.
Prosecutor: Bill Lawler
Defense: Gary Miracle
Date of Murder: October 9, 1982
Victim(s): Marjorie Johnson W/F/61 (No relationship to Wisehart)
Method of Murder: stabbing with butter knife
Summary: Anderson Police received an anonymous call to go to a certain apartment where they would find a body. Police did so and found the body of 61 year old Marjorie Johnson. Her clothing was torn and wrapped around her mid-section, her head was beaten and bloody, and there were 13 stab wounds in her chest area. Johnson was a regular visitor to the Christian Center, where Wisehart resided. Another resident testified that Wisehart had sent a letter to Johnson before the murder, talking about going to old people's houses and robbing them. Upon his arrest, Wisehart gave a confession, admitting that he had stabbed Johnson several times with several weapons, punching her with his fist, and striking her in the head with a whiskey bottle. He stated he took $14 and admitted he was the one who tipped off police.
Conviction: Murder, Burglary, Robbery, Theft
Sentencing: September 26, 1983 (Death Sentence)
Aggravating Circumstances: b (1) Burglary, Robbery
Mitigating Circumstances: None
Direct Appeal:
Wisehart v. State, 484 N.E.2d 949 (Ind. October 31, 1985)
Conviction Affirmed 4-1 DP Affirmed 4-1
Pivarnik Opinion; Givan, Prentice, Shepard concur; Debruler dissents.
Wisehart v. Indiana, 106 S. Ct. 2929 (1986) (Cert. denied)
PCR:
05-25-90 PCR filed;
PCR denied 06-27-1994 by Special Judge Thomas G. Wright
Wisehart v. State, 693 N.E.2d 23 (Ind. 1998)
Affirmed 5-0
Sullivan Opinion; Shepard, Dickson, Selby, Boehm concur.
APPEAL PENDING