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