DOB: 06-05-1931 DOC#: 13140 Black Male
Hamilton County Superior Court
Judge
Jerry M. Barr
Venued from Marion County
Prosecutor: J. Gregory Garrison, John D. Tinder
Defense: Wilmer E. Goering, II
Date of Murder: November 6, 1979
Victim(s): Rhonda L. Caldwell B/F/27 (Ex-wife); John H. Caldwell B/M/54 (Ex-Father-In-Law); Gerald F. Griffin W/M/29 (Indianapolis Police Officer)
Method of Murder: shooting with shotgun
Summary: Moore was divorced from his second wife,
Rhonda Caldwell, 8 days before murdering her. Moore went
to the home of her parents on 36th Street in Indianapolis
and talked to Rhonda in the carport for awhile. Rhonda
began to cry and headed back in the house. As she did,
she shouted at her parents to "get inside, lock the
doors, Richard's got a gun." Moore was armed with a
shotgun and when it was all over he had shot John
Caldwell to death in the living room, shot Rhonda to
death in the kitchen, and seriously injured Ruth Caldwell
with shots to her right arm and buttocks. A responding
Indianapolis Police Officer in full uniform, Gerald
Griffin was dead just outside, Moore having shot him with
the shotgun through the garage/patio doorway. Another Officer,
Cicero Mukes was also in full uniform and shot while
getting out of his marked patrol car.
Trial: Information/PC for Murder and Death Sentence filed (11-07-79); Petition to Allow Marriage (01-07-90); Guilty Plea (08-25-80); DP Trial (10-22-80, 10-23-80, 10-24-80); Court Sentencing (10-24-80).
Conviction: Pled Guilty to Murder (3 counts) with no Plea Agreement; State dismissed Attempted Murder (A Felony) (3 counts) and Confinement (B Felony) (3 counts) upon the Court's acceptance of the guilty pleas.
Sentencing: October 24, 1980 (Death Sentence)
Aggravating Circumstances: b(6) Law enforcement victim; b(8) 3 murders
Mitigating Circumstances: improvements made in his life as he overcame alcoholism, religious activities while in jail, opinion evidence that he is not likely to repeat crimes, extreme emotional disturbance, good works, no significant prior criminal record
Direct Appeal:
Moore v. State, 479 N.E.2d 1264 (Ind. June 26, 1985)
Conviction Affirmed 4-0 DP Affirmed 3-1
Pivarnik Opinion; Givan, Prentice concur; Debruler dissents. (Hunter did not participate)
Moore v. Indiana, 106 S. Ct. 583 (1985) (Cert. denied).
Guilty Plea
PCR:
PCR Petition filed 02-13-86.
PCR granted 05-15-95 as to conviction and death sentence by Special Judge Thomas Newman.
State v. Moore, 678 N.E.2d 1258 (Ind. 1997)
(State's appeal on
conviction only)
Reversed 5-0; Boehm Opinion; Shepard, Dickson, Sullivan, Selby concur.
Guilty Plea reinstated and remanded for new sentencing hearing.
Moore v. Indiana, 118 S.Ct. 1528, 140 L.Ed.2d 678 (1998) (cert. denied)
On Remand: Venued to Boone County by agreement. Following a new Sentencing Hearing, Special Judge James Detamore sentenced Moore to death on 01-13-00.
Direct Appeal:
Moore v. State, 771 N.E.2d 46 (Ind. June 26, 2002)
Conviction Affirmed 5-0; DP Affirmed 5-0
Dickson Opinion; Shepard, Boehm, Sullivan, Rucker concur.
Moore v. Indiana, 123 S.Ct. 1931 (May 5, 2003) (Cert. denied).
Habeas:
06-04-03 Notice of Intent to File Petition for Writ of Habeas Corpus filed.
03-29-04 Petition for Writ of Habeas Corpus filed in U.S. District Court, Southern District of Indiana.
Richard Moore v. Daniel McBride, Superintendent (1:03-CV-00828-LJM-WTL)
Judge Larry J. McKinney
For Defendant: Alan M. Freedman, Chicago, IL, Laurence E. Komp, Ballwin, MO
For State: Stephen R. Creason, Scott Alan Kreider, Deputy Attorneys General (S. Carter)
HABEAS PETITION PENDING IN U.S. DISTRICT COURT, SOUTHERN DISTRICT OF INDIANA, JUDGE LARRY J. MCKINNEY.
(FULLY BRIEFED SINCE 10-28-04)
As of July 1, 2006