Indiana Death Row

WOODS, DAVID LEON # 34

ON DEATH ROW SINCE 03-28-85

DOB: 08-07-1964 DOC#: 851765 White Male

Boone County Superior Court
Judge Donald R. Peyton

Venued from DeKalb County

Prosecutor: Paul R. Cherry, Douglas E. Johnston, Charles C. Rhetts

Defense: Allen Wharry, Douglas Johnston, Charles C. Rhetts (withdrew)

Date of Murder: April 7, 1984

Victim(s): Juan Placencia H/M/77 (Neighbor of Woods)

Method of Murder: stabbing with knife 21 times

Summary: Woods, Greg Sloan, and Pat Sweet went to the home of Juan Placencia in Garrett, Indiana to steal a television. Woods was armed with a knife. Sweet stayed in the yard, while Woods and Sloan rang the doorbell. When Placencia answered Woods immediately jumped in and stabbed him with the knife. When he fell back and asked for help, Woods then stabbed him again repeatedly and took money from his wallet. Woods and sloan then carried out the television, hid it, and later sold it. They washed their clothes and threw the knife in the creek. When police arrived the next morning in response to a call of a man needing help, Woods was on the porch of Placencia's apartment complex crying and saying that he had gone there to use the telephone and found the body. While questioning Woods, his mother came to the scene and told police that she thought her son was involved in the murder. She consented to a search of her residence, which revealed a knife sheath and a stained towel. Woods was taken to the station and while preparations were being made for a polygraph, Woods broke down and gave a complete confession. Sloan testified at trial after entering a guilty plea to Aiding in Murder and was awaiting sentencing.

Trial: Information/PC for Murder filed (04-09-84); Amended Information for DP filed (04-12-84); Amended DP Information (04-26-84); Motion for Change of Venue (05-09-84, 05-31-84, 07-31-84); Change of Venue Granted (08-06-84); Amended Information filed (08-15-84); Voir Dire (02-19-85, 02-21-85, 02-22-85); Jury Trial (02-22-85, 02-23-85, 02-25-85, 02-26-85, 02-28-85, 03-01-85, 03-02-85); Verdict (03-02-85); DP Trial (03-04-85); Verdict (03-04-85); Court Sentencing (03-28-85).

Conviction: Murder, Robbery (A Felony)

Sentencing: March 28, 1985 (Death Sentence, 50 years)

Aggravating Circumstances: b (1) Robbery

Mitigating Circumstances: no prior criminal record, 19 years old at the time of the murder, mistreated as a child, raised in foster homes, personality disorder

Direct Appeal:
Woods v. State, 547 N.E.2d 772 (Ind. November 28, 1989)
Conviction Affirmed 5-0 DP Affirmed 5-0
Debruler Opinion; Shepard, Givan, Pivarnik, Dickson concur.

Woods v. State, 557 N.E.2d 1325 (Ind. 1990) (On Rehearing)
Affirmed 5-0 Debruler Opinion; Shepard, Givan, Pivarnik, Dickson concur.
Woods v. Indiana, 111 S. Ct. 2911 (1991) (Cert. denied)

PCR:
PCR Petition filed 05-06-94. PCR denied 04-15-96 by Special Judge David Ault.
Woods v. State, 701 N.E.2d 1208 (Ind. 1998)
(Appeal of PCR denial by Special Judge David Ault)
Affirmed 5-0. Boehm Opinion; Shepard, Dickson, Sullivan, Selby concur.
Woods v. Indiana, 120 S. Ct. 150 (1999) (Cert. denied).

Habeas:
12-02-99 Petition for Writ of Habeas Corpus filed in U.S. District Court, Northern District of Indiana.
Judge Larry J. McKinney
02-02-04 Writ of Habeas Corpus denied.

Woods v. Anderson, 302 F.Supp.2d 915 (S.D. Ind. February 2, 2004) (IP99-0520-C-M/S)
(Order of U.S. District Court Judge Larry J. McKinney, Southern District of Indiana, denying Writ of Habeas Corpus.)
For Defendant: William Van Der Pol, Jr., Martinsville, Teresa Harper, Bloomington
For State: Thomas D. Perkins, Deputy Attorney General (S. Carter)

Woods v. McBride, 430 F.3d 813 (7th Cir. November 30, 2005) (04-1776)
(Appeal of denial of Writ of Habeas Corpus)
Affirmed 3-0; Opinion by Circuit Judge Michael S. Kanne .
Judge William J. Bauer and Judge Terence T. Evans concur.
For Defendant: William Van Der Pol, Jr., Martinsville, Teresa Harper, Bloomington
For State: Thomas D. Perkins, Deputy Attorney General (S. Carter)

AWAITING PETITION FOR CERTIORARI TO U.S. SUPREME COURT.

As of July 1, 2006


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