DOB: 06-01-1962 DOC#: 21486 Black Male
Marion County Superior Court
Judge
Patricia J. Gifford
Prosecutor: David E. Cook
Defense: Grant W. Hawkins
Date of Murder: October 19, 1982
Victim(s): Robert Falkner W/M/41 (No relationship to Van Cleave)
Method of Murder: shooting with shotgun
Summary: Robert Falkner was outside his home one night working by floodlight caulking a window while watching the World Series on television. He was shot in the chest with a shotgun. Van Cleave , Brazleton, Coleman and Sims were driving around geting high with liquor and marijuana looking for someone to rob when they came upon Falkner. Sims and Van Cleave got out, with Van Cleave carrying a shotgun. Van Cleave confronted Falkner and a neighbor overhead Falkner say "What do you mean, 'shut up.'" Van Cleave then shot Falkner in the chest and fled. Van Cleave admitted shooting Falkner, but claimed that "the gun just went off," and that the shooting was accidental. Brazleton and Coleman testified after reaching plea agreements with the State. Ballistics experts confirmed that the shot was fired from a distance from 6-8 feet.
Conviction: Pled Guilty to Felony-Murder (Conspiracy to Commit Robbery dismissed as part of Plea agreement. The agreement allowed both sides to present evidence and arguments on a death sentence and intent, but commanded 60 years imprisonment if a death sentence was not imposed)
Sentencing: May 27, 1983 (Death Sentence)
Aggravating Circumstances: b (1) Robbery
Mitigating Circumstances: 20 years old at the time of murder, intoxication, bad home life, failed stint in the Army-Honorable Discharge, could not find a job after Army
Guilty Plea
Direct Appeal:
Van Cleave v. State, 517 N.E.2d 356 (Ind. December 30, 1987)
Conviction Affirmed 5-0 DP Affirmed 5-0
Shepard Opinion; Debruler, Givan, Pivarnik, Dickson concur.
Van Cleave v. Indiana, 109 S. Ct. 819
(1989) (Cert. denied)
Van Cleave v. Indiana, 110 S. Ct. 271
(1989) (Rehearing denied)
PCR:
PCR Petition filed 08-24-89.
PCR granted as to conviction and sentence on 11-23-94 by Marion County Superior Court Judge Paula E. Lapoosa, on grounds of ineffective assistance of counsel.
State v. Van Cleave, 674 N.E.2d 1293 (Ind. 1996).
(State's appeal of Judge Paula Lopoosa
granting PCR vacating guilty plea, conviction and death
sentence)
Reversed and remanded 5-0 for new sentencing
hearing only and conviction reinstated. (Vacating Death Sentence not challenged by State on appeal)
Boehm Opinion; Shepard, Dickson, Sullivan, Selby concur.
Boehm Opinion; Shepard, Dickson, Sullivan, Selby concur.
Remanded 5-0 for additional evidence on remaining PCR issues. (Ordering PCR court to determine if any additional evidence is necessary on remaining PCR issues, and if denied, then to conduct resentencing before appeal. Supreme Court strongly disapproves of PCR court severing ineffective assistance claims and entering a ruling only on that claim, causing unnecessary additional proceedings.)
On Remand:
Special Judge Thomas Gray denies PCR relief. Following new sentencing hearing, Special Judge Thomas Gray rules that State has not satisfied burden of proof and a death sentence is removed form consideration. On 06-05-98 Van Cleave is resentenced to 60 years imprisonment.
As of July 1, 2006