DOB: 02-06-1954 DOC#: 4330 Black Male
Marion County Superior Court
Special Judge
Jeffrey V. Boles
Originally venued to Hendricks County.
By agreement, returned to Marion County, with Hendricks Circuit
Judge Jeffrey V. Boles presiding)
Prosecutor: J. Gregory Garrison, David E. Cook (Stephen Goldsmith)
Defense Attorney: Richard R. Plath
Date of Murder: December 11, 1980
Victim(s): Jack Ohrberg W/M/44 (Indianapolis Police Officer)
Method of Murder: shooting with AR-15 rifle
Summary: On December 11, 1980 at 5:30 a.m., Indianapolis Police Sergeant Jack Ohrberg and other officers went to 3544 North Oxford in Indianapolis attempting to serve papers on persons believed to be at that location. Ohrberg banged on the door several times and identified himself as a police officer. Two other officers on the front porch were in uniform. After the next door neighbor told officers that there was noise from inside the apartment, Ohrberg crouched and pounded with his shoulder on the door, which began to open. Officers saw furniture blocking the door, and saw 2 or 3 muzzle flashes from two different locations inside. Ohrberg was shot and collapsed on the porch. Officers took cover and saw a man come out onto the porch, point a rifle, and fire at least 2 additional shots into Ohrberg. Officers took cover and returned fire. Shots continued to come from inside the house. After a few minutes, Gregory Resnover came out, threw down an AR-15 rifle and surrendered. Earl Resnover followed, laying down an AR-15 and a pistol. Ohrberg's business card was found in Earl's wallet. Two women then came out, leaving wounded Smith inside. An AR-15 which was recovered next to Smith was found to be the murder weapon. An arsenal of weapons and ammunition was recovered inside the apartment.
Conviction: Murder, Conspiracy to Commit Murder (Class A Felony)
Sentencing: July 23, 1981 (Death Sentence, 50 years imprisonment)
Aggravating Circumstances: law enforcement victim
Mitigating Circumstances: None
Direct Appeal:
Smith v. State, 465 N.E.2d 1105 (Ind. July 24, 1984)
Conviction Affirmed 5-0 DP Affirmed 5-0
Pivarnik Opinion; Hunter, Debruler, Givan, Prentice concur.
Smith v. Indiana, 116 S. Ct. 2581 (1996)
(Cert. denied)
PCR:
Smith v. State, 516 N.E.2d 1055
(Ind. 1987)
(Appeal of PCR denial by Judge Patricia J.
Gifford)
Conviction Affirmed 5-0 DP Affirmed 5-0
Pivarnik Opinion; Shepard, Debruler, Givan, Dickson concur.
Smith v. State, 613 N.E.2d 412 (Ind.
1993)
(Appeal of 2nd PCR summary dismissal by Judge
Patricia J. Gifford)
Conviction Affirmed 5-0 DP Affirmed 5-0
Krahulik Opinion; Shepard, Givan, Dickson, Debruler concur.
Smith v. Indiana, 114 S. Ct. 1634 (1994)
(Cert. denied)
Habeas:
Petition for Writ of Habeas Corpus filed 11-25-88 in U.S. District Court, Northern District of Indiana.
Writ denied 10-31-94 by U.S. District Court Judge Allen Sharp.
Smith v. Farley, 873 F.Supp. 1199
(N.D.Ind. 1994) (Petition for Habeas Writ Denied)
Smith v. Farley, 59 F.3d 659 (7th Cir.
1995) (Appeal of Denial of Habeas Writ)
Affirmed 3-0; Judge Richard A. Posner, Judge William J. Bauer, Judge Joel M. Flaum.
Smith v. Indiana, 116 S. Ct. 935 (1995)
(Cert. denied)
Smith v. Parke, 116 S. Ct. 2518 (1996)
(Stay of execution granted until disposition of Writ of
Certiorari)
Smith v. Parke, 116 S.Ct. 2581 (1996)
(Petition for Writ of Certiorari dismissed; Petition for
Writ of Habeas Corpus denied)
Smith v. Indiana, 117 S.Ct. 1 (1996)
(Application for Stay denied)
Smith v. Farley, 949 F.Supp. 680 (N.D.Ind. 1996).
(Approval of $32,316.91 claim at $125 per hour for attorneys fees in habeas action to Professor F. Thomas Schornhorst of Indiana University School of Law.)
SMITH WAS EXECUTED BY LETHAL INJECTION ON 07-19-96 AT 1:23 AM EST. HE WAS THE 74TH CONVICTED MURDERER EXECUTED IN INDIANA SINCE 1900, AND THE 4TH SINCE THE DEATH PENALTY WAS REINSTATED IN 1977. HE WAS THE FIRST CONVICTED MURDERER EXECUTED IN INDIANA BY LETHAL INJECTION.
As of July 1, 2006