Special Judge Thomas K. Milligan
Prosecutor: Rebecca McClure, Bruce Petit
Defense: Allen F. Wharry, Michael D. Gross
Date of Murder: January 16, 1991
Victim: William Harvey Radcliffe W/M/39 (No relationship to Bivins)
Method of Murder: shooting with handgun
Summary: Bivins, Chambers, and Weyls engaged in a 2-day central Indiana crime spree. They shoplifted blue jeans at gunpoint from a Lafayette Lazarus. They then drove to a Holiday Inn in Lebanon, forced their way into a guest's room, robbed him, stole his vehicle, and left him tied to the bathtub. Heading back toward Lafayette, they stopped at a rest stop north of Lebanon, and robbed Reverend Radcliffe at gunpoint in the restroom. After taking his wallet, Bivins turned Radcliffe around into a stall and shot him in the head. Later, Bivins said he did so "because he wanted to know what it felt like to kill." Full confessions followed.
Trial: Information/PC for Murder filed (04-11-91); Amended Information for Death Penalty filed (04-26-91); Voir Dire (02-25-92, 02-26-92, 02-27-92, 02-28-92, 02-29-92); Jury Trial (02-29-92, 03-02-92, 03-03-92, 03-04-92, 03-05-92, 03-06-92); Verdict (03-07-92); DP Trial (03-07-92); Verdict (03-07-92); Court Sentencing (06-05-92).
Conviction: Murder, Robbery (B Felony), Confinement (B Felony), Auto Theft (D Felony), Theft (D Felony) (2 counts)
Sentencing: June 5, 1992 (Death Sentence; 20 years, 20 years, 3 years, 3 years, 3 years consecutive)
Aggravating Circumstances: b(1) Robbery
Mitigating Circumstances: intoxication; drinking heavily on night of murder, used alcohol and drugs as teenager, death of grandfather, he was an alcoholic, his accomplice was the instigator
Direct Appeal:
Bivins v. State, 642 N.E.2d 928 (Ind. November 4, 1994)
Convictions Affirmed 5-0 (Except Theft must be merged into Robbery)
DP Affirmed 5-0
Dickson Opinion; Debruler, Givan, Shepard, Sullivan concur.
Bivins v. State, 650 N.E.2d 684 (Ind.
1995)
(State's Petition for Rehearing denied 4-1; Shepard
dissents re: victim impact evidence)
Bivins v. Indiana, 114 S. Ct. 892 (1994)
(Cert. denied)
Bivins v. Indiana, 116 S. Ct. 783 (1996)
(Cert. denied)
PCR:
12-18-95 PCR Petition filed; PCR denied by Special Judge James T. Detamore on 03-21-97.
Bivins v. State, 735 N.E.2d 1116 (Ind. September 26, 2000)
Appeal of PCR denial by Special Judge James Detamore.
Conviction Affirmed 5-0; DP Affirmed 5-0.
Sullivan Opinion; Spehard, Dickson, Boehm, Rucker concur.
Bivins v. State, 741 N.E.2d 1196 (Ind. Januray 19, 2001)
(Order of Indiana Supreme Court denying rehearing of decision, and setting execution date.
BIVINS WAIVED THE REMAINDER OF HIS APPEALS TO FEDERAL COURT AND WAS EXECUTED BY LETHAL INJECTION ON 03-14-01 AT 1:26 AM EST. HE WAS THE 78TH CONVICTED MURDERER EXECUTED IN INDIANA SINCE 1900, AND 8TH SINCE THE DEATH PENALTY WAS REINSTATED IN 1977.
As of July 1, 2006