Judge Patricia J. Gifford
Prosecutor: Thomas J. Young, Marcus Emery (Stephen Goldsmith)
Defense: Merle B. Rose, William F. Wurster
Date of Murder: January 16, 1978
Victim(s): Allen Streett W/M/40 (No relationship to Daniels)
Method of Murder: shooting with handgun
Summary: Defendant and 2 other men drove around residential neighborhoods in Indianapolis stopping and robbing persons shoveling snow in front of their homes. At the residence of Allen Streett, Daniels and another man confronted Streett and his 15 year old son, who were shoveling snow at 9:30 p.m. Two men came up from behind and said, "Don't move and no one will get hurt." The 15 year old turned and saw Daniels waving a gun at him. Daniels ordererd Allen Streett and his son to hand over their wallets. When Allen Streett responded that he did not have his wallet with him, Daniels shot and killed him. The 15 year old handed over his wallet to the other intruder, who then fled with Daniels. Three other residents at other locations were victimized that same night in a similar fashion. In all, six eyewitnesses identified Daniels at trial. In addition, accomplice Kevin Edmonds testified for the State, also implicating Daniels.
Conviction: Felony-Murder, Robbery (A Felony)(4 counts), Attempted Robbery (A Felony)
Sentencing: September 14, 1979 (Death Sentence)
Aggravating Circumstances: b(1) Robbery
Mitigating Circumstances:
lack of
education, below normal IQ, slow learner
Direct Appeal:
Daniels v. State, 453 N.E.2d 160 (Ind. September 9, 1983)
Conviction Affirmed 5-0; DP Affirmed 3-2
Hunter Opinion; Givan, Pivarnik concur; Debruler, Prentice dissent.
Daniels v. Indiana, 109 S. Ct. 3182 (1989).
(Judgment
Vacated and remanded for consideration of Gathers victim
impact)
Daniels v. State, 561 N.E.2d 487 (Ind. 1990).
(Appeal
after Remand, DP Affirmed 4-1) Dickson Opinion; Shepard,
Givan, Pivarnik concur; Debruler dissents.
PCR:
Daniels v. State, 528 N.E.2d 775 (Ind. 1988)
(Appeal of PCR denial by Special Judge Thomas A. Alsip)
DP Affirmed 5-0
Debruler Opinion; Shepard, Givan, Pivarnik, Dickson concur.
PCR Petition filed 11-16-92, 03-15-93.
06-26-95 Hearing held; Special Judge James R. Detamore grants Motion for Summary Judgment, enforcing plea agreement for a term of years, and resentences Daniels to 20 years, 60 years, 20 years, 20 years, 50 years, concurrent.
State v. Daniels, 680 N.E.2d 829 (Ind. May 16,1997)
(State's appeal of granting of partial summary judgment by Special Judge James Detamore on 2nd PCR -
PCR Court directed to enter judgment for State on Plea Agreement issue;
remanded on remaining issues).
Reversed 5-0; Boehm Opinion; Shepard,
Dickson, Sullivan, Selby concur.
On remand, 2nd PCR denied on remaining issues on 07-09-97.
State v. Daniels, 741 N.E.2d 1177 (Ind. January 12, 2001)
(Appeal of 2nd PCR denial by Special Judge James Detamore)
Conviction Affirmed 5-0; DP Affirmed 5-0.
Shepard Opinion; Dickson and Sullivan concur; Boehm and Rucker dissent as to death penalty.
Habeas:
09-26-00 Petition for Writ of Habeas Corpus filed in U.S. District Court, Southern District of Indiana.
Michael W. Daniels v. Robert A. Farley, Superintendent (IP 93-C-0586- M/F)
Judge Larry J. McKinney
For Defendant: Judith G. Menadue, Elkhart, Mark A. Earnest, Indianapolis
For State: Wayne E. Uhl, Deputy Attorney General (Freeman-Wilson)
03-18-94 Entry directing dismissal until state remedies exhausted.
05-01-01 Notice of Intent to Amend pro-se Petition for Writ of Habeas Corpus filed.
02-01-02 Amended Petition for Writ of Habeas Corpus filed in U.S. District Court, Southern District
04-07-05 Amended Petition for Writ of Habeas Corpus denied.
Clemency:
On January 7, 2005, outgoing Indiana Governor Joseph Kernan commuted the death sentence of Michael Daniels, the longest serving prisoner on Indiana Death Row. Daniels was sentenced to death on September 14, 1979. Governor Kernan showed less than courage in granting the clemency, without notice to the Indiana Attorney General, in his last days in office after being defeated in his bid for reelection. As reasons for the clemency, Governor Kernan basically stated that Daniels was "almost" retarded, "almost" entered into a plea agreement for a lesser sentence, and the case was "almost" reversed on appeal. Also the case was very old.
As of July 1, 2006