Vanderburgh County Circuit Court
Judge
William H. Miller
Prosecutor: Robert J. Pigman, Chris Lenn
Defense: Barry L. Standley, Beverly Harris
Date of Murder: December 28, 1985
Victim(s): Lori Bullock W/F/22 (No relationship to Canaan)
Method of Murder: stabbing with butcher knife
Summary: Police responded to a dispatch to an Evansville apartment building. Inside, they discovered the body of Lori Bullock laying on a bed with a butcher knife in her neck and cuts to her vaginal area. The apartment was ransacked and money and jewelry were missing. Police recovered a Kool cigarette butt outside the apartment with saliva consistent with Canaan. His fingerprints were found on a package of spaghetti in the kitchen. Canaan was identified by those in an upstairs apartment as having knocked on their door near the time of the murder. Canaan had previously been at the apartment and was invited into the living room by the victim's roommates after he knocked on their door claiming to be looking for girls who lived upstairs. When arrested, Canaan had a package of Kool cigarettes on him.
Trial: Information/PC for Murder and DP filed (12-30-85); Voir Dire from Knox County (08-14-86; 08-15-86); Jury Trial (08-18-86; 08-19-86); Mistrial granted when officer refers to defendant’s “prison shorts” (08-19-86); Voir Dire in Gibson County (11-06-86, 11-07-86); Jury Trial in Vanderburgh County (11-11-86, 11-12-86); ; 08-16-86, 08-14-86; 08-15-86; 08-16-86,); Verdict (11-12-86); Habitual Trial (11-12-86); Verdict (11-12-86); DP Trial (11-13-86); Verdict (11-13-86); Court Sentencing (11-26-86).
Conviction: Murder, Burglary (B Felony), Attempted CDC (A Felony), Habitual Offender
Sentencing: November 26, 1986 (Death Sentence; not sentenced to any term of years)
Aggravating Circumstances: b(1) Burglary, Attempted CDC
Mitigating Circumstances: None
Direct Appeal:
Canaan v. State, 541 N.E.2d 894 (Ind. July 28, 1989)
Conviction Affirmed 5-0 DP Affirmed 3-2
Pivarnik Opinion; Shepard, Givan concur; Debruler, Dickson dissent.
Canaan v. Indiana, 111 S. Ct. 230 (1990) (Cert. denied)
PCR:
11-16-1990 PCR Petition filed; PCR denied by Judge Richgard L. Young on 09-06-94.
Canaan v. State, 683 N.E.2d 227 (Ind. 1997)
(Appeal of PCR denial by Judge Richard L. Young)
Affirmed 5-0; Sullivan Opinion; Shepard, Dickson, Selby, Boehm concur.
Habeas:
06-22-98 Petition for Writ of Habeas Corpus filed in U.S. District Court, Southern District of Indiana.
Judge David Hamilton
01-10-03 Petition for Writ of Habeas Corpus granted.
Canaan v. Davis, 2003 WL 118003 (S.D. Ind. January 10, 2003) (Not reported in F.Supp.2d)
(Habeas Corpus Petition granted by Judge David Hamilton of the U.S. District Court for the Southern District of Indiana, on the grounds that trial counsel was ineffective for failure to object to inadequate instructions for the crime of Attempted Criminal Deviate Conduct, upon which the death sentence was partially based. Conviction for Criminal Deviate Conduct and Death Sentence vacated. Conviction for murder, burglary, and habitual offender affirmed. Remanded for new sentencing hearing.)
Canaan v. McBride, 395 F.3d 376 (7th Cir. January 11, 2005) (03-1384).
(Appeal of granting of Habeas Writ)
Affirmed 3-0 as to Death Penalty, Reversed as to Attempted Criminal Deviate Conduct.
Diane P. Wood Opinion; Wiliam J. Bauer, Ilana Diamond Rovner concur.
On Remand:
On June 7, 2005 Canaan was resentenced by Vanderburgh Circuit Court Judge Carl A. Heldt, pursuant to a Sentencing Agreement, to the maximum term of years on the remaining charges: 90 years (Murder/Habitual Offender), 50 years (Attempted Criminal Deviate Conduct), 20 years (Burglary), consecutive, for a total sentence of 160 years imprisonment.
As of July 1, 2006