Marion County Superior Court
Special
Judge Cynthia S. Emkes
Prosecutor: David S. Milton
Defense: Robert F. Alden, Arnold P. Baratz
Date of Murder: November 16, 1989
Victim(s): Charles Ervin W/M/30; Theresa Blosl W/F/20 (Supervisors of Holmes at work)
Method of Murder: stabbing with knife
Summary: Holmes was fired from his job at Shoney's Restaurant after getting into an argument with co-worker Amy Foshee. At closing on the day of his firing, Holmes waited in the parking lot with Michael Vance. Foshee left the restaurant with Charles Ervin, a manager, and Theresa Blosl, a manager. Ervin was carrying the till. Holmes and Vance trapped them in the foyer leaving the restaurant and attacked them, stabbing them multiple times, and grabbed the till. Ervin and Blosl died, but Foshee survived. Vance was tried separately, convicted, and sentenced to 190 years imprisonment.
Conviction: Murder (Ervin), Murder (Blosl), Attempted Murder (A Felony), Robbery, Conspiracy to Commit Robbery
Trial: Information/PC for Murder filed (11-17-89); Amended Information for DP filed (01-31-90); Competency Hearing (04-18-90); Motion for Speedy Trial (09-21-92); Voir Dire (11-04-92, 11-04-92, 11-05-92, 11-06-92, 11-07-92, 11-09-92, 11-10-92, 11-11-92, 11-12-92, 11-13-92, 11-14-92 ); Jury Trial (11-14-92; 11-16-92, 11-17-92, 11-18-92, 11-19-92, 11-20-92 11-21-92, 11-23-92, 11-24-92, 11-27-92, 11-28-92 ): Verdict (11-28-92); DP Trial (11-29-92, 11-30-92, 12-01-92, 12-02-92); Deliberations over 2 days; Hung Jury/Mistrial (12-03-92); Court Sentencing (03-24-92, 03-25-92, 03-26-92).
Hung Jury on Death Sentence
Sentencing: March 26, 1993 (Death Sentence)
Aggravating Circumstances: b (1) Robbery; 2 murders
Mitigating Circumstances: 21 years old at time of murders, accomplice did not receive death sentence, no prior criminal record, mother died when he was 7 years old, suffered from child neglect and abuse as a child, IQ of 79; has adjusted well to jail
Direct Appeal:
Holmes v. State, 671 N.E.2d 841 (Ind. August 7, 1996)
Conviction Affirmed 5-0 DP Affirmed 5-0
DeBruler Opinion; Shepard, Dickson, Sullivan, Selby concur.
Holmes v. Indiana, 118 S.Ct. 137 (1997) (Cert. denied).
PCR:
PCR Petition filed 02-25-97. PCR granted as to Death Sentence by Special Judge Tanya Walton Pratt on 07-31-98.
Holmes v. State, 728 N.E.2d 164 (Ind. May 19, 2000)
(Appeal by State of the granting of PCR as to penalty; Appeal by Holmes of the denial of PCR as to convictions)
Affirmed as to conviction 5-0; Reversed as to DP 5-0, PCR denied.
Dickson Opinion, Shepard, Sullivan, Boehm, Rucker concur.
Holmes v. Indiana, 121 S.Ct. 2220 (2001) (Cert. denied).
Holmes v. State, 820 N.E.2d 136 (Ind. January 7, 2005)
n/k/a Koor An Nur of Mary Katie Brown.
(Holmes sought leave to file successive petition for state postconviction relief. Held: Denied; Even though hung jury on death sentence, neither change in statute nor Apprendi warranted relief from death sentence.)
Shepard Opinion; Dickson, Boehm concur. Rucker, Sullivan dissent.
Habeas:
Habeas:
09-22-00 Notice of Intent to File Petition for Writ of Habeas Corpus filed.
08-29-01 Petition for Writ of Habeas Corpus filed in U.S. District Court, Southern District of Indiana.
Eric D. Holmes v. Ron Anderson, Superintendent (IP 00-1477-C-D/F)
Judge Larry J. McKinney
For Defendant: Michael J. Benza, Cleveland, OH, Kathy Lea Stinton-Glen, Indianapolis
For State: Michael A. Hurst, Thomas D. Perkins, Gary Damon Secrest, Stephen R. Creason,
Deputy Attorneys General (S. Carter)
09-02-04 Amended Petition for Writ of Habeas Corpus denied.
11-23-05 Petition for Writ of Habeas Corpus filed in U.S. District Court, Southern District of Indiana.
Eric D. Holmes v. Ed Buss, Superintendent (1:05-CV-1763-LJM-WTL)
Judge Larry J. McKinney
For Defendant: Michael J. Benza, Cleveland, OH, Kathy Lea Stinton-Glen, Indianapolis
For State: James B. Martin, Stephen R. Creason, Deputy Attorneys General (S. Carter)
06-12-06 Order of Dismissal for Lack of Jurisdiction as Successive Petition entered.
APPEAL PENDING IN SEVENTH CIRCUIT U.S. COURT OF APPEALS. (04-3549)
08-10-05 Remanded to the District Court for the limited purpose of determining petitioner's current competence to proceed in this appeal. Because the referenced affidavits are now over a year old, we suggest that the district court solicit contemporary affidavits from counsel and consider obtaining the opinion of an expert. This court shall retain jurisdiction in this matter and briefing is stayed.
01-31-06 Psychiatric Reports filed with U.S. District Court
As of July 1, 2006