Prosecutor: Jerome F. Jacobi, Steven D. Stewart

Defense: Michael T. Forsee, Charles G. Read

Date of Murder: August 27, 1982

Victim(s): Judith Falkenstein W/F/30 (No relationship to Boyd)

Method of Murder: ligature strangulation with belt

Summary: When the victim's 10 year old daughter returned one afternoon from next door, she found the living room window open, the couch pulled away from the window, and $117 missing from the mantel. She went upstairs and found her mother nude and suspended from the bedroom dresser. A belt was pulled tightly around her neck, with the other end knotted and wedged inside the dresser. She was bruised and cut. Burglars had entered the Falkenstein home 4 days earlier through the same window and stole coins and jewelry. Boyd was identified by several neighbors in the area at the time of the murder, and friends testified he had suddenly come into a lot of money. Property from the first burglary was found in a dumpster where Boyd was staying with a friend. After first denying any involvement, Boyd later confessed to committing the first burglary, and to entering the house on the afternoon of the murder, but claimed to have entered the bedroom only to find Falkenstein already dead.

Trial: Information/PC for Murder and DP filed (08-30-82); Voir Dire (08-23-83); Jury Trial (08-24-83, 08-25-83, 08-26-83, 08-29-83, 08-30-83, 08-31-83, 09-01-83, 09-02-83, 09-06-83, 09-07-24-83, 09-08-83, 09-09-83, 09-12-83); Verdict (09-12-83); DP Trial (09-14-83); Verdict (09-14-83); Court Sentencing (10-04-83).

Conviction: Murder, Felony-Murder, Burglary

Sentencing: October 4, 1983 (Death Sentence; Murder/Burglary merged into Felony-Murder)

Aggravating Circumstances: b(1) Burglary

Mitigating Circumstances: None

Direct Appeal:
Boyd v. State, 494 N.E.2d 284 (Ind. June 24, 1986)
Conviction Affirmed 5-0 DP Affirmed 5-0
Pivarnik Opinion; Givan, Debruler, Shepard, Dickson concur.

Boyd v. Indiana, 107 S. Ct. 910 (1987) (Cert. denied)

PCR:
PCR Petition filed 01-04-88.
Summary Judgment Vacating death sentence only granted by Special Judge Robert Bennett on 09-10-93.

While PCR on conviction pending, Agreed Disposition entered; Resentenced to consecutive terms of 60 years (Murder) and 20 years (Burglary), for a total sentence of 80 years imprisonment on 11-05-93.

As of July 1, 2006