February 8, 2008 - The Nebraska Supreme Court upheld the first degree murder conviction of Raymond Mata, but took the opportunity to strike down the use of the electric chair as a method of execution, holding that it violates the Nebraska Constitution. "The evidence shows that electrocution inflicts intense pain and agonizing suffering," said the 69-page majority opinion. "We recognize the temptation to make the prisoner suffer, just as the prisoner made an innocent victim suffer. But it is the hallmark of a civilized society that we punish cruelty without practicing it." The Chief Justice was the lone dissenter. Since Nebraska is the only state that authorizes electrocution as the sole method of execution, the state is practically left without a death penalty as a result of the decision. The electric chair has been in use in Nebraska since 1920 and has resulted in 15 executions since, with the last being Robert Williams in 1997.

January 1, 2008 - The year 2007 ended with a total of 42 executions in the U.S., the lowest in 13 years. With an unofficial moratorium in the U.S. since September 2007 while awaiting a decision by the U.S. Supreme Court on the constitutionality of the lethal injection method of punishment, no executions have taken place since September 25 in Texas.

December 18, 2007 - The UN General Assembly voted 104-54 to adopt a moratorium on the death penalty, with 29 members abstaining. Supporters ignore recent findings of deterrence and conclude that “any miscarriage or failure of justice in the death penalty's implementation is irreversible and irreparable." Opponents included a block of 13 Caribbean nations and others like Singapore, which accused Europeans of imposing their values on other sovereign nations.

December 17, 2007 - New Jersey Governor Corzine signed into law a measure officially abolishing the death penalty in New Jersey, making it the first state to ban capital punishment since its reinstatement in 1976. Since that time, New Jersey has had a death penalty law on its books, but has executed no one and has no inmates on death row.

November 19, 2007 - While awaiting the setting of an execution date, 60 year old Norman Timberlake died of natural causes on death row at Indiana State Prison in Michigan City. Timberlake was originally convicted and sentenced to death in 1993 for the murder of Indiana State Police Trooper Michael Green during a traffic stop along I-65 near Indianapolis.

October 2007 - Gallup Poll shows death penalty support in the United States at 69%, remaining steady in spite of overwhelming anti-death penalty media saturation. The poll also shows 66% who believe the death penalty is morally acceptable, 49% who believe the death penalty is not used often enough, and 57% who believe that the death penalty is applied fairly.

July 12, 2007 - South Dakota carried out its first execution since 1947, putting to death 25-year-old Elijah Page after he waived all appeals. Page was convicted of torturing and killing 19-year-old Chester Poage following a robbery. Before the lethal injection, there had been only 15 executions in the state, the first occurring in 1877 when Jack McCall was hanged for shooting Wild Bill Hickok. Only three other men remain on death row, including a co-defendant of Page.

June 27, 2007 - State v. McManus, 866 N.E.2d 726 (Ind. June 27, 2007) The Indiana Supreme Court reversed the decision of special trial court Judge William J. Brune, affirming the conviction and death sentence of Paul McManus and denying postconviction relief. A year earlier, Judge Brune granted postconviction relief, holding that McManus met the statutory requirements of mental retardation and imposed a sentence of Life Without Parole. McManus was originally convicted and sentenced to death in 2002 for the murders of his wife, Melissa, and his two daughters, aged 8 years and 23 months.

June 18, 2007 - Stevens v. McBride, 489 F.3d 883 (7th Cir. June 18, 2007) Opinion by U.S. Circuit Court of Appeals, granting Writ of Habeas Corpus as to Death Sentence only for Christopher Stevens, reversing the decision of the U.S. District Coourt and holding that investigation and presentation of expert psychological testimony at his penalty trial amounted to ineffective assistance of counsel. Stevens was originally convicted and sentenced to death in 1995 for the Child Molest and murder of 10 year old Zachary Snider. The case drew intense media and legislative attention, later resulting in Zachary’s Law, establishing the Indiana Sex Offender Registry.

June 15, 2007 1:17 a.m. - Michael Lambert was executed by lethal injection at the Indiana State Prison in Michigan City. Lambert was first convicted and sentenced to death in 1992 for the murder of Muncie police officer Gregg Winters. While handcuffed in the back seat of a police cruiser, Lambert managed to shoot Winters five times in the back of his head and neck. He is the 89th convicted murderer executed in Indiana since 1900, and 19th since the death penalty was reinstated in 1977.

June 8, 2007 - Following a guilty plea to murder and a new sentencing hearing, the jury took only 45 minutes to recommend a death sentence for Roy Lee Ward. The trial court sentenced Ward to death in accordance with the jury verdict. Ward was originally convicted and sentenced to death in 2002 for the murder and rape of 15 year old Stacy Payne during a burglary in Spencer County. On direct appeal, the Indiana Supreme Court reversed the conviction and sentence in 2004 on grounds of failure to change venue in the face of extensive pretrial publicity and community bias in a small county. It is thought to be the only such reversal in the state’s history. Retrial was venued to Clay County.

June 2007 - The steady drumbeat academic studies continue to unequivocally find that capital punishment does indeed act as a deterrent to murder. The results of at least a dozen studies in the past 10 years have horrified death penalty opponents, who largely have ignored the findings, which count between three and 18 lives that would be saved by the execution of each convicted killer. - A 2003 study authored by Naci Mocan, an economics professor at the University of Colorado at Denver. and a 2006 study that re-examined the data, found that each execution results in five fewer homicides, and commuting a death sentence means five more homicides; Each execution deters an average of 18 murders, according to a 2003 nationwide study by professors at Emory University; The Illinois moratorium on executions in 2000 led to 150 additional homicides over four years following, according to a 2006 study by professors at the University of Houston; Speeding up executions would strengthen the deterrent effect. For every 2.75 years cut from time spent on death row, one murder would be prevented, according to a 2004 study by an Emory University professor.

May 22, 2007 - Kubsch v. State, 866 N.E.2d 726 (Ind. 2007) The Indiana Supreme Court unanimously affirms the murder convictions and death sentence of Wayne Kubsch on direct appeal. Kubsch was originally convicted of the 1998 murders of his wife (Elizabeth Kubsch), her former husband (Rick Milewski), and their 10 year old son (Aaron Milewski), stabbing and shooting them during a birthday party in St. Joseph County. His 2000 conviction and death sentence was reversed by the Indiana Supreme Court in 2003 due to a violation of Doyle v. Ohio. He was retrial and again convicted and sentenced to death in 2005.

May 17, 2007 - Akeem Aki-Khuam f/k/a Edward Earl Williams was sentenced to 100 years in prison by Lake Criminal Court Judge Clarence Murray. Williams was originally convicted and sentenced to death for the 1992 execution-style slayings of Michael Richardson, 41, Debra Ann Rice, 42, and Robert Hollins, 26, at Richardson's home in Gary. Aki-Khuam and four others, armed with guns, burst into the Carver Elementary School teacher's house set on stealing stereo equipment. The robbery turned into a bloodbath when Aki-Khuam decided not to leave any witnesses. In 2002, U.S. District Court Judge Allen Sharp ruled Williams’ rights were violated when Letsinger refused to exclude jurors who indicated a bias against defense lawyers. Prosecutors decided to retry the case, which was halted when Williams entered an open plea to the charges in return for dismissal of the death penalty.

May 10, 2007 - State v. Azania, 865 N.E.2d 994 (Ind. 2007) The Indiana Supreme Court reversed the decision of special trial court Judge Steven David, sending the case back to Allen County for a sentencing hearing. Two years earlier, Judge David granted a motion to dismiss pending death penalty charges against Zolo Azania f/k/a Rufus Averhart on the grounds that his 24 years on death row was a denial of due process. Averhart was originally convicted in 1982 for the murder of Gary police officer George Yaros after a bank robbery. The trial was moved from Lake to Allen County on a change of venue. In 1993, the Indiana Supreme Court threw out his death sentence, citing ineffective assistance of counsel. In 1996, he was again sentenced to death, but the Supreme Court vacated that sentence because a computer error which tainted the jury pool. Lake County prosecutors pursued the death penalty a third time, only to be told in 2005 that too much time had passed. Justices Boehm and Rucker dissented to the decision.

May 5, 2007 1:35 a.m. - David Leon Woods was executed by lethal injection at the Indiana State Prison in Michigan City. Woods was first convicted and sentenced to death in 1985 for the burglary, robbery and murder of 77 year old neighbor Juan Placencia in DeKalb County. He is the 88th convicted murderer executed in Indiana since 1900, and 18th since the death penalty was reinstated in 1977.

April 26, 2007 - Stephenson v. State, 864 N.E.2d 1022 (Ind. 2007) The Indiana Supreme Court unanimously affirms the conviction and death sentence of John Stephenson, denying a petition for postconviction relief. Following what is believed to be the longest and costliest criminal trial in Indiana history, Stephenson was originally convicted and sentenced to death in 1997 for the murders of Jay Tyler, Kathy Tyler, and Brandy Southard with an automatic rifle in Warrick County.

April 9, 2007 - Corcoran v. Buss, 483 F.Supp. 709 (N.D. Ind. 2007) Judge Allen Sharp of the U.S. District Court grants Corcoran a Writ of Habeas Corpus as to death sentence only, holding that the trial prosecutor had unreasonably offered to forego death penalty if Corcoran would waive jury trial. Corcoran was originally convicted of the 1997 murders of his brother and three acquaintances with a semi-automatic rifle in his home in Allen County.

March 26, 2007 - Baer v. State, 863 N.E.2d 301 (Ind. 2007) The Indiana Supreme Court affirms the murder conviction and death sentence of Frederick Baer on direct appeal. Baer was originally convicted of the 2004 murder of Cory Clark and her 4-year-old daughter in Madison County during a burglary.

February 20, 2007 - The American Bar Association issued a report urging a moratorium on the death penalty in Indiana. The report is one of many issued in several states by the ABA, who claims neither to support or oppose the death penalty. The report concludes that Indiana satisfies only 10 of 93 protocols recommended by the ABA Death Penalty Moratorium Implementation Project. While claiming to be fair and unbiased, the assessment team is made up of notorious death penalty opponents.

December 24, 2006 - While awaiting decision by the U.S. District Court on his Petition for Writ of Habeas Corpus, 75 year old Richard Moore died of natural causes on death row at Indiana State Prison in Michigan City. Moore was originally convicted and sentenced to death in 1980 for the shotgun murders at an Indianapolis home of his ex-wife Rhonda Caldwell, his ex-father in law John Caldwell, and responding police officer Gerald Griffin. The death sentence was vacated in 1997, and reinstated after a sentencing hearing in 2000.

August 30, 2006 - Thomas Schiro was convicted of Rape, based upon sexual assaults committed in 1980. He had been charged in Vanderburgh County upon his release from prison for the 1981 murder of Laura Luebbehusen. He was originally convicted and sentenced to death for that murder, but the death sentence was later vacated by the Indiana Supreme Court in 1996 after a third PCR petition.

May 2006 - Gallup Poll shows death penalty support in the United States at 65%, down from the 74% approval a year earlier. Despite overwhelming anti-death penalty media saturation, 51% believe that the death penalty is not imposed often enough; 60% believe that the death penalty is applied fairly, and when given a choice to name the better penalty for murder, "life imprisonment with absolutely no possibility of parole” is preferred over the death penalty 48% to 47%.

January 27, 2006 - 1:17 Marvin Bieghler is executed by lethal injection at the Indiana State Prison in Michigan City. Bieghler was first convicted and sentenced to death in 1983 for the murder of a drug associate, Tommy Miller, and his pregnant wife, Kimberly Miller. He is the 87th convicted murderer executed in Indiana since 1900, and 17th since the death penalty was reinstated in 1977.

January 10, 2006 12:44 p.m. - While awaiting a sentencing hearing retrial, Charles Edward Roche committed suicide by hanging in his cell on death row at the Indiana State Prison in Michigan City. Roche was originally convicted and sentenced to death in 1990 for the murder of Ernest Graves and Daniel Brown during a drug transaction in Lake County. In 2002, the U.S. District Court granted a Writ of Habeas Corpus as to his death sentence only.

January 2006 - New Jersey lawmakers voted to suspend executions while a task force studies the fairness and costs of imposing the death penalty. The measure now heads to Gov. Richard J. Codey, who has indicated he will sign it before leaving office on Jan. 17. Under the measure, a 13-member commission would have until November to report on whether the death penalty is fairly imposed and whether alternatives would ensure public safety and address the needs of victims' families. New Jersey would become the third state behind Illinois and Maryland to suspend executions, but the first to do so through legislation. The others were done by executive order. Maryland has since lifted its suspension.

November 30, 2005 - The 7th Circuit Court of Appeals affirmed the denial of habeas corpus relief to David Leon Woods. Woods v. McBride, ___ F.3d ___ (7th Cir. November 30, 2005) The United States Court of Appeals, Seventh Circuit, affirms the judgment of Judge Larry J. McKinney of the U.S. District Court, Southern District of Indiana, which denied his Petition for Writ of Habeas Corpus. The Court of Appeals agreed that Woods was competent to stand trial, and that his attorneys were not ineffective by failing to present mitigating evidence of a bad childhood. (Judge Kanne with Judges Bauer and Evans concurring) rejected those arguments. Woods was convicted and sentenced to death for the 1984 Dekalb County murder of a 77 year-old neighbor.

October 2005 - Gallup Poll shows death penalty support in the United States at 64%, in spite of overwhelming anti-death penalty media saturation. The poll shows a 10% drop in approval from just 5 months earlier, with 30% opposing the death penalty and 06% having no opinion on the issue.

September 28, 2005 12:27 a.m. - Alan Lehman Matheney is executed by lethal injection at the Indiana State Prison in Michigan City. Johnson was first convicted and sentenced to death in Lake County (venued from St. Joseph County) for the 1989 murder of his ex-wife Lisa Bianco. At the time of the murder, Matheney was serving an 8 year sentence for Battery and Confinement upon Lisa Bianco. After serving two years, he received an 8-hour furlough from the Department of Corrections. Bianco received no notice of his release. The case attracted intense statewide publicity, triggering victim rights legislation. He is the 86th prisoner executed in Indiana since 1900 and the 16th since 1977. He is also the 5th convicted murderer executed in Indiana in 2005, the most since 1938.

September 13, 2005 - Pruitt v. State, ___ N.E.2d ___ (Ind. September 13, 2005) The Indiana Supreme Court affirms the murder convictions and death sentence of Tommy R. Pruitt on direct appeal, holding that Pruitt did not meet the burden of proof to show that he was mentally retarded. The court did rule that Indiana's statute, requiring proof by clear and convincing evidence, was unconstitutional, but that Pruitt did not even meet the preponderance standard. Pruitt was convicted and sentenced to death for the 2001 murder of Morgan County Officer Daniel Starnes, who had pulled him over on a rural county road.

August 30, 2005 - Indiana Governor Mitch Daniels commutes the death sentence of Arthur Paul Baird II to Life Without Parole, the day before his scheduled execution. Baird was convicted and sentenced to death in Montgomery County for the 1985 stabbing deaths of his parents, Kathryn and Arthur Baird. He also was sentenced to 60 years in prison for strangling his pregnant wife, Nadine, and eight years for killing his unborn child. Daniels cites Baird's mental illness then and now, speculating that the jury would have given him a life without parole sentence if it would have had the option in his 1987 trial. Daniels acted after a 3-1 vote last week in which the Parole Board recommended against clemency for Baird and after a 3-2 vote by the Indiana Supreme Court to let Baird's execution proceed.

July 27, 2005 12:31 a.m. - Kevin A. Conner is executed by lethal injection at the Indiana State Prison in Michigan City. Conner was first convicted and sentenced to death in Marion County for the 1988 stabbing death of Steve Wentland, and the shotgun deaths of Tony Moore and Bruce Voge. He is the 85th prisoner executed in Indiana since 1900 and the 15th since 1977. He is also the 4th convicted murderer executed in Indiana in 2005, the most since 1938.

July 19, 2005 - Baird v. State, 831 N.E.2d 109 (Ind. 2005) The Indiana Supreme Court denies Baird's request to authorize the filing of a successive petition for post-conviction relief. An execution date is later scheduled for August 31, 2005.

May 25, 2005 12:28 a.m. - Gregory Scott Johnson is executed by lethal injection at the Indiana State Prison in Michigan City. Johnson was first convicted and sentenced to death in Madison County for the 1985 stomping death of 82 year old Ruby Hutslar during a burglary to her home. Johnson makes national news by unsuccessfully seeking a last minute delay in order to donate his liver to her ailing sister. He is the 84th prisoner executed in Indiana since 1900 and the 14th since 1977.

May 10, 2005 - Wisehart v. Davis, ___ F.3d ___ (7th Cir. May 10, 2005) The United States Court of Appeals, Seventh Circuit, reverses the judgment of Judge Larry McKinney of the U.S. District Court, Southern District of Indiana, and grants the Petition for Writ of Habeas Corpus as to conviction and death sentence. At a PCR hearing 10 years after the original trial, the defense presented the affidavit of a juror who stated that during trial, she "learned" that the trial was delayed because Wisehart was taking a polygraph test. Further, that she did not know who gave her this information, nor did she know the outcome of the test. The Court of Appeals surprisingly concluded that this should have shifted the burden to the State, who did not disprove presumptive prejudice to the right to a fair and impartial jury. The State was given the options of releasing Wisehart, retrying him, or conducting "a further postconviction hearing addressed to the issue of jury bias." (Circuit Judges Richard A. Posner, Diane P. Wood, Joel M. Flaum)

May 2005 - Gallup Poll shows death penalty support in the United States at 74%, the highest in a decade, in spite of overwhelming anti-death penalty media saturation, with 53% believing that the death penalty is not imposed often enough. Although 59% believe that an innocent person has been executed in the last 5 years, 61% say that they believe that the death penalty is applied fairly.

April 21, 2005 12:35 a.m. - Bill J. Benefiel is executed by lethal injection at the Indiana State Prison in Michigan City. Benefiel was first convicted and sentenced to death in Vigo County for the February 7, 1987 murder of 19 year old Delores Wells. Benefiel held Delores Wells captive in a vacant house for 12 days, repeatedly raping her before killing her by putting superglue in her nose and pinching her nose closed. He also held captive and sexually abused another woman for four months in the same house. He is the 83rd prisoner executed in Indiana since 1900 and the 13th since 1977.

April 18, 2005 - Wayne Kubsch is sentenced to death by St. Joseph County Superior Court Judge William H. Albright in accordance with a jury verdict recommending death, following his convictions for the murder of his 32 year old wife Beth, her 10 year old son, Aaron Milewski, and her ex-husband, Rick Milewski. Kubsch was first sentenced to death in 2000, but in 2003 the Indiana Supreme Court reversed the convictions and death sentence, finding an error in admitting evidence. The retrial in March 2005 resulted in guilty verdicts and a death sentence.

March 10, 2005 12:23 a.m. - Donald Ray Wallace, Jr. is executed by lethal injection at the Indiana State Prison in Michigan City. Wallace was first convicted and sentenced to death in Vigo County (Venued from Vanderburgh County) on October 21, 1982 for the murder of Patrick and Teresa Gilligan, and their two children Lisa (age 5) and Gregory (age 4), during a burglary. He is the 82nd prisoner executed in Indiana since 1900 and the 12th since 1977.

March 1, 2005 - The Unites States Supreme Court decides Roper v. Simmons, 125 S.Ct. 1183 (Missouri 2005), holding in a 5-4 decision that executing convicted murderers who were 16 or 17 years old at the time of the murders was cruel and unusual punishment in violation of the 8th Amendment to the U.S. Constitution. The ruling reverses existing precedent decided only a decade ago, and invalidated death penalty laws in 20 states which allow such executions. The Opinion is hailed by anti-death penalty activists, who note that the United States was the last remaining country on earth officially sanctioning the execution of juveniles. Death penalty proponents, led by the stinging dissenting opinions of Justice Scalia and Justice O'Connor, decry the ease with which the Court overturned existing precedent which was only 15 years old, and the citation of European public opinion in support of the change. The Missouri defendant was 17 years old when he burglarized a home and entered the bedroom of the victim. He used duct tape to tie her up and gag her, then drove her to a state park and threw her in a river.

January 13, 2005 - The Habeas Corpus Petition of Christopher M. Stevens is denied by Judge Allen Sharp of the U.S. District Court for the Northern District of Indiana.

January 11, 2005 - Canaan v. McBride, ___ F.3d ___ (7th Cir. January 11, 2005) The United States Court of Appeals, Seventh Circuit, affirms in part and reverses in part the judgment of Judge David Hamilton of the U.S. District Court, Southern District of Indiana, which granted his Petition for Writ of Habeas Corpus. The Court of Appeals agreed that trial counsel was ineffective for failure to consult with Canaan on his right to testify, but rejected arguments relating to the Criminal Deviate Conduct conviction. The State is free to conduct a new death penalty hearing, "providing that the State files appropriate documents seeking such relief within 120 days." (Circuit Judges Diane P. Wood, Ilana Diamond Rovner, and William J. Bauer)

January 11, 2005 - Corcoran v. State, ___ N.E.2d ___ (Ind. January 11, 2005) The Indiana Supreme Court affirms the waiver of post-conviction review by death row inmate Joseph Corcoran, convicted of gunning down his brother and three friends in 1997. Following direct appeal, Corcoran refused to sign a PCR petition based on his belief that he deserved to die for his crimes. The State Public Defender challenged that decision by claiming that Corcoran was incompetent to waive his PCR review. The Allen Circuit Court found Corcoran competent, and ultimately accepted Corcoran's decision not to file. The Indiana Supreme Court affirmed the competency finding, rejected the State PD's argument that PCR should be automatic in death penalty cases, and suggested that any future attempts at PCR would be barred as untimely. (Justice Sullivan Opinion; Shepard, Dickson and Boehm concur. Rucker Dissents)

January 7, 2005 - Holmes v. State, 820 N.E.2d 136 (Ind. January 7, 2005) The Indiana Supreme Court denies Holmes' request to file Successive Petition for Post-Conviction Relief, holding that even though the trial jury hung on a death recommendation, because Holmes was convicted during the guilt phase of two intentional murders and Robbery, the aggravators of multiple murders and intentional felony murder were proved beyond a reasonable doubt, there was no violation of Apprendi.

January 7, 2005 - Outgoing Indiana Governor Joseph Kernan commutes the death sentence of Michael Daniels, the longest serving prisoner on Indiana Death Row. Daniels was sentenced to death on September 14, 1979 for the robbery and murder of Allen Streett, who was merely shoveling snow outside his residence when confronted by Daniels and accomplices. Governor Kernan showed less than courage in granting the clemency in his last days in office after being defeated in his bid for reelection. As reasons for the clemency, Governor Kernan basically stated that Daniels was "almost" retarded, "almost" entered into a plea agreement for a lesser sentence, and the case was "almost" reversed on appeal. Also the case was very old.

December 14, 2004 - The jury returns a unanimous verdict for a death sentence against Scott Peterson, earlier found guilty of the First Degree Murder of his wife and unborn child in Redwood City, California. The trial and verdict attract extraordinary nationwide publicity, despite not being televised. Laci Peterson was last seen on Christmas Eve 2002 near their home in Modesto. Her body and fetus was later recovered washed up on the shore of San Francisco Bay months later.

December 13, 2004 - Lake Superior Court Judge Thomas Stefaniak resentences Christopher Peterson a/k/a Obadayah Ben-Yisrayl to the maximum sentence of 120 years imprisonment for the 1980 shotgun murders of Eli and George Balovsky. Post Conviction Relief had earlier been granted setting aside the death sentence based upon the recent decision by the Indiana Supreme Court in Saylor v. State, 808 N.E.2d 646 (Ind. 2004), where the Court ruled that any death sentence not returned by the jury was "inappropriate." Peterson is also awaiting a new trial on murder charges in Porter County, and is serving an unrelated 70 year sentence for Attempted Murder in Lake County.

December 6, 2004 - The U.S. Supreme Court denies certiorari to Michael A. Lambert at Lambert v. McBride , ___ S.Ct. ___ (2004). Lambert has apparently exhausted all appeals and should be scheduled for execution in the first few months of 2005.

December 3, 2004 - Johnson Circuit Court Judges Emkes denies post-conviction relief to Michael Dean Overstreet, who was convicted and sentenced to death for the 1997 kidnapping and murder of Franklin College student Kelly Eckart.

December 1, 2004 - The Lawrence Circuit Court grants post-conviction relief to William Minnick, setting aside the death sentence only for the 1981 Rape, Robbery, and stabbing murder of 24 year old Martha Payne. The basis for doing so is the recent decision by the Indiana Supreme Court in Saylor v. State, 808 N.E.2d 646 (Ind. 2004), where the Court set aside Saylor's death sentence since the jury had recommended against a death sentence which was overruled by the trial judge. The Court held that since the 2002 amendments to IC 35-50-2-9 now require a Judge to sentence in accordance with jury verdict, it is inappropriate for Saylor to be executed today. In Minnick's case, the jury also recommended against a death sentence. At a new sentencing hearing, Minnick faces a maximum of 160 years imprisonment. Because both sides agree that Minnick is not now competent, resentencing has been continued until such time as he is found competent after treatment by the FSSA Division of Mental Health.

November 29, 2004 - The U.S. Supreme Court denies certiorari to Donald Ray Wallace at Wallace v. Davis, ___ S.Ct. ___ (2004). Wallace has apparently exhausted all appeals and should be scheduled for execution in the first few months of 2005.

November 18, 2004 - Bieghler v. McBride, 389 F.3d 701 (7th Cir. November 18, 2004) The United States Court of Appeals, Seventh Circuit, affirms the judgment of Judge Larry J. McKinney of the U.S. District Court, Southern District of Indiana, which denied his Petition for Writ of Habeas Corpus. The Court rejected Bieghler's arguments that the Prosecutor improperly told the jury of his post-arrest silence and that his trial counsel was ineffective. (Judges Terence T. Evans, Michael S. Kanne, Ilana Diamond Rovner concur.)

November 12, 2004 - Baird v. Davis, 388 F.3d 1110 (7th Cir. November 12, 2004) The United States Court of Appeals, Seventh Circuit, affirms the judgment of Judge Larry J. McKinney of the U.S. District Court, Southern District of Indiana, which denied his Petition for Writ of Habeas Corpus. The Court rejected Baird's arguments that it was cruel and unusual punishment to execute one who is acting under an irresistable impulse, though sane, and that his mental status as a mitigating circumstance outweighed any aggravators. (Judges Richard A. Posner and Diane P. Wood concur; Judge Kenneth F. Ripple dissents.)

November 8, 2004 - The U.S. Supreme Court denies certiorari to Bill Benefiel at Benefiel v. Davis, 125 S.Ct. 481 (2004). Benefiel has apparently exhausted all appeals and should be scheduled for execution in the first few months of 2005.

September 10, 2004 - The Lake Superior Court grants post-conviction relief to Christopher Peterson a/k/a Obadayah Ben-Yisrayl, setting aside the death sentence only for the 1980 shotgun murders of Eli and George Balovsky. The basis for doing so is the recent decision by the Indiana Supreme Court in Saylor v. State, 808 N.E.2d 646 (Ind. 2004), where the Court set aside Saylor's death sentence since the jury had recommended against a death sentence which was overruled by the trial judge. The Court held that since the 2002 amendments to IC 35-50-2-9 now require a Judge to sentence in accordance with jury verdict, it is inappropriate for Saylor to be executed today. In Peterson's case, the jury also recommended against a death sentence. At a new sentencing hearing, Peterson faces a maximum of 60 years imprisonment on each count which may run consecutively. Peterson is also awaiting a new trial on murder charges in Porter County, and is serving an unrelated 70 year sentence for Attempted Murder in Lake County.

September 2, 2004 - The Habeas Corpus Petition of Eric D. Holmes is denied by Judge Larry McKinney of the U.S. District Court for the Southern District of Indiana.

August 31, 2004 - McManus v. State, ___ N.E.2d ___ (Ind. August 31, 2004) The Indiana Supreme Court affirms the murder convictions and death sentence of Paul McManus on direct appeal, holding that death sentence was not unconstitutional under Apprendi and Ring, and that McManus was competent to stand trial even though medicated. McManus was convicted in 2002 for the murders of his 29 year old estranged wife, Melissa, and his two daughters, Lindsay (8) and Shelby (23 months). Following the murders, he miraculously survived a jump from the Henderson Bridge. An insanity defense was unsuccessful at trial.

August 20, 2004 - Johnson v. McBride, ___ F.3d ___ (7th Cir. August 20, 2004) The United States Court of Appeals, Seventh Circuit, affirms the judgment of Judge Richard L. Young of the U.S. District Court, Southern District of Indiana, which summarily dismissed his Petition for Writ of Habeas Corpus since it was filed one day beyond statute of limitations. “Neither the Sixth Amendment nor federal law guarantees effective assistance of counsel for collateral proceedings, not even in a capital case.” (Judges William J. Bauer, Frank H. Easterbrook, Daniel A. Manion)

July 29, 2004 - Matheney v. Anderson, ___ F.3d ___ (7th Cir. July 29, 2004) The United States Court of Appeals, Seventh Circuit, affirms the judgment of Judge Allen Sharp of the U.S. District Court, Northern District of Indiana, which denied his Petition for Writ of Habeas Corpus, holding that state court determination that petitioner was competent at time of trial was not unreasonable application of Supreme Court precedent. (Judges Michael S. Kanne and Michael S. Bauer. Judge Ilana Diamond Rovner dissented)

July 20, 2004 - Conner v. McBride, ___ F.3d ___ (7th Cir. July 20, 2004) The United States Court of Appeals, Seventh Circuit, affirms the judgment of Judge Sarah Evans Barker of the U.S. District Court, Southern District of Indiana, which denied his Petition for Writ of Habeas Corpus holding that confession was voluntary, there was no ex parte jury communication during deliberations, and that counsel's investigation did not fall below prevailing professional standards. (Judges Frank H. Easterbrook, Michael S. Kanne, and Ilana Diamond Rovner)

July 2, 2004 Indiana Governor Joe Kernan issued an Executive Order commuting the death sentence of Darnell Williams to Life Imprisonment Without Parole. Noting that Gregory Rouster was more culpable in the murders, but had been spared the death penalty after he was declared mentally retarded. Governor Kernan said “Because Rouster cannot be executed for the crime, it is unjust for Williams to be executed.” The commutation followed a recommendation for commutation from the State Parole Board. This was the first time since the reinstatement of the Death Penalty in Indiana in 1977 that the Parole Board recommended commutation of a death sentence, or that the Governor commuted a death sentence. In July 2003 Governor Frank O’Bannon granted a stay of execution for Darnell Williams in order that DNA testing could be performed on clothing he was wearing when arrested. However, the testing proved inconclusive at best, and the Indiana Supreme Court set a July 9, 2004 execution date. (Since Life Without Parole did not exist at the time of Williams' murder and original sentencing, it is unclear what actual sentence will be imposed).

June 30, 2004 - Ward v. State, 810 N.E.2d 1042 (Ind. 2004). Indiana Supreme Court reverses the Murder conviction and vacates the death sentence of Roy Lee Ward on the grounds that trial court should have granted a change of venue or obtained jurors from another county pursuant to IC 35-36-6-11, in the face of extensive pretrial publicity and community bias in a small county. It is thought to be the only such reversal in the state’s history. The opinion may show a Supreme Court bias toward southern Indiana. (Opinion by Justice Rucker; Justices Shepard, Dickson, Boehm, Sullivan concur).

June 28, 2004 - Wallace v. Davis, 373 F.3d 844 (7th Cir. June 28, 2004) The United States Court of Appeals, Seventh Circuit, denies rehearing and rehearing en banc of March 26, 2004 opinion (Wallace v. Davis, 362 F.3d 914 (7th Cir. March 26, 2004) affirming denial of Petiton for Writ of Habeas Corpus.

June 24, 2004 The New York Court of Appeals affirmed the conviction, but vacated the death sentence of Stephen LaValle, who was condemned for raping and killing a jogger in 1997. In a 4-3 ruling, the court said the state's sentencing rules might unconstitutionally coerce jurors into voting for a death sentence rather than risk a deadlock by holding out for life without parole. If a jury cannot agree on a sentence, the judge imposes a sentence of between 20 and 25 years to life, with the possibility of parole. "The deadlock instruction gives rise to an unconstitutionally palpable risk that one or more jurors who cannot bear the thought that a defendant may walk the streets again ... will join jurors favoring death in order to avoid the deadlock sentence," the court wrote.The judges ordered that LaValle be resentenced to life without parole or a parole-eligible sentence of between 20 and 25 years to life. It is likely that the ruling will remove all 4 current residents of New York Death Row.

June 17, 2004 In spite of the opposition of Maryland Attorney General J. Joseph Curran Jr., and the short-lived “moratorium” of a previous administration, Maryland executes Steven H. Oken for the Rape and Murder of 20 year old Dawn Marie Garvin. Oken was also convicted of murdering two other women, including his sister in law, during a 20 day crime spree in 1987.

June 12, 2004 Terry Nichols, convicted and sentenced to life in prison in federal court in 1997 along with Timothy McVeigh for the 1995 bombing of the Oklahoma City federal building, was convicted in state court of 161 counts of murder. However, the jury deadlocks on the death penalty during penalty deliberations.

May 25, 2004 In two interlocutory appeals, the Indiana Supreme Court reverses the trial court (Marion Superior Court Judge Grant Hawkins), who had dismissed the pending death penalty charges against Charles E. Barker and Greagree C. Davis (Chijioke Bomani Ben-Yisrayl) on the grounds that Indiana's death penalty statute was unconstitutional in light of Ring v. Arizona since it does not require that aggravators outweigh mitigators “beyond a reasonable doubt." Barker v. State, 809 N.E.2d 312 (Ind. May 25, 2004) (Interlocutory Appeal - Reversed; Reinstated DP); State v. Ben-Yisrayl, 809 N.E.2d 309 (Ind. May 25, 2004) (Interlocutory Appeal - Reversed; Reinstated DP).

May 25, 2004 - Stroud v. State, 809 N.E.2d 274 (Ind. 2004). Indiana Supreme Court affirms the Murder convictions, but vacates the death sentence of Phillip A. Stroud on the grounds that the trial court improperly instructed the jury that the death verdict was only a “recommendation.” Remanded for new “penalty and sentencing phases." Rucker and Boehm concurred with separate opinion, noting that “accordingly” in new statute does not compel Judge to follow jury recommendation for death. (Opinion by Justice Sullivan; Shepard, Dickson, Rucker and Boehm concur).

May 25, 2004 - Ritchie v. State, 809 N.E.2d 258 (Ind. 2004). Indiana Supreme Court affirms the October 2002 murder conviction and death sentence of Benjamin Ritchie on direct appeal. Ritchie shot and killed Beech Grove Police Officer William Toney, as he pursued Ritchie for stealing a car on September 29, 2000. (Opinion by Justice Sullivan; Justices Shepard, Dickson, Boehm, Rucker concur).

May 21, 2004 - Saylor v. State, 808 N.E.2d 646 (Ind. 2004). Indiana Supreme Court affirms the conviction, but vacates the death sentence of Benny Saylor, who stabbed to death Judy Van Duyn 12 years earlier in Madison County and received a death sentence by a Judge overriding a jury verdict. The trial court had denied Post-Conviction Relief to Saylor. This ruling was reversed, with the Indiana Supreme Court holding that since the 2002 amendments to IC 35-50-2-9 now require a Judge to sentence in accordance with jury verdict, it is inappropriate for Saylor to be executed today. Remanded with instructions to impose sentence of 60 years, 20 years, 20 years, consecutive. (Opinion by Justice Boehm; Dickson, Sullivan, Rucker concur; Shepard Dissents).

May 2004 Gallup Poll shows death penalty support in the United States at 71%, in spite of overwhelming anti-death penalty media saturation, with 48% believing that the death penalty is not imposed often enough. Although only 35% believe that the death penalty lowers the murder rate, 55% say that they believe that the death penalty is applied fairly.

May 2004 Indiana Supreme Court sets a July 9 execution date for Darnell Williams, sentenced to death along with Gregory Rouster in Lake County for the 1986 murders of John and Henrietta Rease. Williams came within a few days of execution in 2003, when then-Governor Frank O’Bannon ordered a temporary reprieve for DNA testing on his clothing. The testing was inconclusive and the Indiana Supreme Court held that there was other overwhelming evidence showing guilt.

April 2004 Indiana Death Row inmates end a two week hunger strike. The prisoners had been relocated from Michigan City to Westville while renovations were made to Death Row. When the Department of Corrections decided to delay their return to Michigan City until the summer of 2005, they became angered at having to endure “filthy and inhumane” conditions at the Westville Maximum Control Facility. The “hunger strike” generated a few newspaper articles from sympathetic journalists, but produced little else.

March 26, 2004 - Wallace v. Davis, 362 F.3d 914 (7th Cir. March 26, 2004) The United States Court of Appeals, Seventh Circuit, affirms the judgment of Judge Sarah Evans Barker of the U.S. District Court, Southern District of Indiana, which denied his Petition for Writ of Habeas Corpus holding that sentencing court's listing of defendant's prior arrests and convictions in the court's written explanation for imposing the death sentence was not error, and counsel's alleged failure to present more mitigating evidence did not amount to ineffective assistance of counsel. (Judges Frank H. Easterbrook, Joel M. Flaum, Anne Claire Williams)

March 2004 Governors of Wyoming and South Dakota sign into law legislative changes raising the minimum age for imposition of the death penalty from 16 to 18 at the time of the crime. Of the 38 states that now authorize the death penalty, 31 set the minimum age at 18. The U.S. Supreme Court earlier held in Thompson v. Oklahoma, 487 U.S. 815 (1988) that executing a person convicted of committing a murder at age 15 constituted cruel and unusual punishment.

December 2003 Teenage sniper Lee Boyd Malvo is convicted of capital murder in Virginia. Malvo and John Allen Muhammad, shot and killed 10 people at random in October 2002 during a 3 week spree that terrorized and paralyzed the Virginia, Maryland and D.C. areas. However, the jury rejected the death penalty, citing his young age and manipulation by the older Muhammad, and agreed to a life sentence instead. Malvo still may face additional capital murder trials in other jurisdictions.

November 21, 2003 - Tommy Pruitt is sentenced to death by Dearborn County Circuit Court Judge James D. Humphrey (Venued from Morgan County) in accordance with a jury verdict recommending death, following his conviction for the murder of Deputy Morgan County Police Officer Dan Starnes.

November 2003 Sniper John Allen Muhammad is convicted of capital murder in Virginia and sentenced to death. Muhammad and teenager Lee Boyd Malvo shot and killed 10 people at random in October 2002 during a 3 week spree that terrorized and paralyzed the Virginia, Maryland and D.C. areas. Muhammad faces pending capital charges, also in Virginia, and may face additional trials in other jurisdictions.

November 2003 “Green River Killer” Gary Leon Ridgeway pleads guilty and admits to killing 48 women in the Seattle, Washington area over the last 20 years, avoiding the death penalty pursuant to a plea agreement with Seattle prosecutors. He is instead sentenced to life without parole.

July 28, 2003 - Despite rulings from the Indiana Supreme Court and the Federal Courts that the requested DNA testing was not material in determining guilt or innocence, Indiana Governor Frank O'Bannon granted a 60 day reprieve to Darnell Williams in order that DNA testing can be done on blood found on Williams' pants, thereby permitting "all relevant evidence to be discovered." His execution had been scheduled for August 1, 2003. Williams was sent to death row in 1987 following his convictions, along with accomplice Gregory Rouster, of the murders of John and Henrietta Rease in Lake County.

June 19, 2003 - Kentucky Governor Paul Patton, whose administration has been rocked by scandal, announced that he will commute the death sentence of Kevin L. Stanford, who was 17 years old in 1981 when he sodomized, kidnapped and fatally shot 20-year-old Louisville gas station attendant, Baerbel Poore. Stanford’s case attracted nationwide publicity when the U.S. Supreme Court affirmed his sentence, upholding the right to execute “juvenile” murderers. At the same time of Stanford’s commutation, Governor Patton also pardoned his chief of staff and three others accused of breaking campaign finance laws in 1995.

June 13, 2003 12:24 a.m. - Joseph L. Trueblood is executed by lethal injection at the Indiana State Prison in Michigan City. Trueblood was first convicted and sentenced to death in Tippecanoe County on August 12, 1990 for the murder of his former girlfriend, Susan Bowsher, and her two children, aged 2 and 17 months. He is the 81st prisoner executed in Indiana since 1900 and the 11th since 1977.

May 5-7, 2003 - Gallup Poll shows increase in death penalty support to 74%, the highest since 1996, with 48% believing that the death penalty is not imposed often enough. Although 73% say that they believe an innocent person has been executed in the last five years, 60% think the death penalty is applied fairly.

May 8, 2003 - Aki-Khuam v. Davis, ___ F.3d ___ (7th Cir. May 8, 2003) The United States Court of Appeals, Seventh Circuit, affirms the judgment of Judge Allen Sharp of the U.S. District Court, Northern District of Indiana, which granted habeas corpus relief to Akeem Aki-Khuam a/k/a/ Edward Earl Williams. Error was found in the trial court's improper application of Batson, denying defendant's peremptory challenges even without an objection or a showing of bias.

May 2, 2003 12:25 a.m. - Kevin Lee Hough is executed by lethal injection at the Indiana State Prison in Michigan City. Hough was convicted and sentenced to death on June 11, 1987, for the murder of Ted Bosler and Gene Rubrake in Allen County on November 6, 1985. Hough was upset with his cousin's landlords, Ted Bosler and Gene Rubrake. When his cousin failed to pay rent, his landlords took his cousin's property. Along with his brother, Duane Lapp, Hough went to their residence in Fort Wayne "to get the property back." They were invited inside and once downstairs, Hough pulled a .45 automatic pistol. When Rubrake swung at him, Hough shot him in the chest. Bosler dropped to the floor and Hough shot him in the back. Hough then shot Rubrake again in the face. Hough took a TV remote and a beer which he thought may have fingerprints and left. Lapp testified at trial as the State's star witness.

March 14, 2003 - Kubsch v. State, 784 N.E.2d 905 (Ind. 2003) Indiana Supreme Court reverses the Murder convictions and the death sentence of Wayne Kubsch on the grounds that the court allowed the State to present a videotaped interrogation of the defendant where he invoked his right to remain silent. Remanded to St. Joseph County for a new trial. (Opinion by Justice Rucker; Justices Shepard, Dickson, Boehm, Sullivan concur)

March 6, 2003 - Dye v. State, 784 N.E.2d 469 (Ind. 2003) Indiana Supreme Court affirms the decision of Marion Superior Court Judge Patricia Gifford to vacate the murder convictions and death sentence of Walter Dye on the grounds that a juror was misleading and untruthful in answering questions on juror questionnaire and during voir dire, when she did not reveal that her brother had died on death row in California and that she had been a rape victim. (Opinion by Justice Dickson; Justices Shepard, Boehm, Sullivan, Rucker concur)

February 24, 2003 - Overstreet v. State, 783 N.E.2d 1140 (Ind. 2003) Indiana Supreme Court affirms the murder, rape and confinement convictions and the death sentence of Michael Dean Overstreet on direct appeal, holding that evidence was sufficient for rape conviction, that the DNA evidence was sufficiently reliable, and that the defendant was not entitled to specific verdict forms or a "lingering doubt" jury instruction. (Opinion by Justice Sullivan; Justices Shepard, Dickson, Boehm, Rucker concur)

February 13, 2003 - The Texas Court of Criminal Appeals rejected a plan by the PBS series Frontline to videotape jury deliberations in a Harris County death penalty case. The trial Judge, Ted Poe, had agreed to allow the taping of deliberations by a remote camera in the murder trial of Cedric Henderson. The Court of Appeals said that jury deliberations were purposely designed to be free of such influences and that the filming, even by an unmanned camera, may have affected the free flow of discussions. The videotaping would have been the first time jury deliberations in a death penalty case had been filmed. Juries in trials with less at stake have been filmed in Wisconsin and Arizona.

January 15, 2003 - The Habeas Corpus Petition of Kevin A. Conner is denied by Judge Sarah Evans Barker of the U.S. District Court for the Southern District of Indiana at Conner v. Anderson, ___ F.Supp. ___ (2003 WL 722774) (S.D. Ind. 2003).

January 11, 2003 - Declaring the Illinois death penalty system "arbitrary, capricious, and therefore immoral," Governor George Ryan commuted the death sentences of 167 condemned inmates on Illinois Death Row. According to Ryan, all but three of those inmates now face life in prison without the possibility of parole. The other three will get shorter sentences and could eventually be released from prison. A day earlier, Ryan handed outright pardons to 4 death row inmates. Ryan, a Republican, placed a moratorium on the death penalty in 2000 after he concluded that 13 former Illinois death row inmates had been "exonerated." The blanket commutations two days before leaving office, while not unprecedented, has been hailed as a "courageous act" by death penalty opponents, with hopes of other states following his lead. However, the move also prompted outrage and anguish from prosecutors and the families of murder victims. Particularly offensive to many was a statement by the Governor that "I am a friend to these men on death row." Other political observers think that the move was merely a shallow effort to shift attention away from the corruption scandal that has plagued his administration and led to criminal charges against top aides.

January 10, 2003 - The Habeas Corpus Petition of Keith Brian Canaan is granted by Judge David Hamilton of the U.S. District Court for the Southern District of Indiana at Canaan v. Davis, ___ F.Supp. ___ (2003 WL 118003) (S.D. Ind. 2003), on the grounds that trial counsel was ineffective for failure to object to inadequate instructions for the crime of Attempted Criminal Deviate Conduct, upon which the death sentence was partially based. Conviction for Criminal Deviate Conduct and Death Sentence vacated. Conviction for murder, burglary, and habitual offender affirmed. Remanded for new sentencing hearing.

January 7, 2003 - A study conducted by the University of Maryland, examining Maryland death penalty cases over a 21 year period concludes that defendants accused of killing white victims are significantly more likely to face the death penalty than cases with non-white victims. The county jurisdiction involved also has a significant effect on who receives a death sentence. The study was authorized by outgoing Maryland Governor Parris Glendening, who has imposed a moratorium on executions in that state. The lead author is University of Maryland Professor Raymond Paternoster, a well-known opponent of capital punishment. Curiously, the summary states that "When the prosecuting jurisdiction is added to the model, the effect for the victim's race diminishes substantially, and is no longer statistically significant." This perhaps recognizes that prosecutors in Baltimore City, the jurisdiction with the highest percentage of minorities, were the least likely to seek the death penalty in eligible cases, the study shows.

January 7, 2003 - The Habeas Corpus Petition of Bill J. Benefiel is denied by Judge V. Sue Shields of the U.S. District Court for the Southern District of Indiana.

January 3, 2003 - In a case which attracted nationwide publicity, California Superior Court Judge William Mudd sentences David Westerfield to death for the kidnapping and murder of his 7 year old San Diego neighbor Danielle Van Dam. Danielle was last seen in her bed on February 1, 2002. Her nude body was found nearly a month later along a road outside the city.

December 27, 2002 - The Habeas Corpus Petition of Obadyah Ben-Yisrayl a/k/a Christopher Peterson (Lake County) is denied by Judge Allen Sharp of the U.S. District Court for the Northern District of Indiana at Ben-Yisrayl v. Davis, ___ F.Supp. ___ (2002 WL 31999043) (N.D. Ind. 2002). Defendant's Motion to Amend and Alter Judgment was denied by Judge Sharp on February 19, 2003 at Ben-Yisrayl v. Davis, ___ F.Supp. ___ (2003 WL 402829) (N.D. Ind. 2002), holding that the U.S. Supreme Court decision in Ring was not applicable retroactively on collateral review.

December 18, 2002 - Spencer County Circuit Court Judge Wayne Roell sentences Roy Lee Ward to death for the murder of 15 year old Stacy Payne. Trial testimony showed that on July 11, 2001 Ward entered the Payne home in Dale, Indiana and attacked Stacy with a knife. The attack was witnessed by 13 year old Melissa Payne and Ward was still at the scene, knife in hand, when police arrived. Stacy Payne's torso was nearly sliced in two, her throat was cut to her windpipe and her wrist was slashed to the bone. Ward was convicted of Murder, Rape and Criminal Deviate Conduct, and a death sentence was recommended by a jury in October. Ward was on probation for a Burglary in Missouri at the time of the crime and had 12 prior convictions for Indecent Exposure.

November 22, 2002 - Azania v. State, 778 N.E.2d 1253 (Ind. 2002) Indiana Supreme Court affirms the murder conviction, but vacates the death sentence of Zolo Agona Azania a/k/a Rufus Averhart, on the grounds that Allen County computerized jury selection system did not substantially comply with required statutes. (Opinion by Justice Boehm; Justices Sullivan, Rucker concur; Justices Shepard, Dickson dissent)

November 15, 2002 - The Habeas Corpus Petition of Donald Ray Wallace is denied by Judge Sarah Evans Barker of the U.S. District Court for the Southern District of Indiana. The Petition had been pending for more than 7 years, an unconscionable delay that is left unexplained by the Court. Wallace was originally convicted and sentenced to death from Vigo County in 1982 for the murders of 30-year-old Patrick Gilligan, his wife Teresa, also 30 years old, and their two children, 5 year-old Lisa, and 4 year-old Gregory. The family had arrived home and surprised Wallace, who was in the process of burglarizing the home. The murders were committed in Vanderburgh County on January 14, 1980, and the case was venued to Vigo County for trial. Wallace has the second longest tenure of anyone on Indiana Death Row, just passing his twentieth anniversary at Michigan City.

November 7, 2002 - The Habeas Corpus Petition of Michael Allen Lambert is denied by Judge Larry J. McKinney of the U.S. District Court for the Southern District of Indiana.

October 27, 2002 - Jerry K. Thompson, on death row from Marion County, was found dead in the recreation area of a cellblock in the Indiana State Prison at Michigan City, Indiana. Thompson suffered multiple stab wounds. Thompson was originally sentenced to death in 1996 for the murders of 68 year old Melvin Hillis and 47 year old Robert Beeler, committed in 1991. That conviction and sentence was reversed on direct appeal. On retrial in 2000, Thompson was again convicted and sentenced to death. Thompson was also convicted of Murder in Henry County in 1993 and sentenced to 90 years imprisonment.

October 18, 2002 - Marion County Superior Court Judge Patricia J. Gifford sentences Benjamin Ritchie, 22, to death for the murder of Beech Grove Police Officer William Toney, 31. Toney, a two-year veteran, was shot as he pursued Ritchie for stealing a car on September 29, 2000. One of the four bullets Ritchie fired missed Toney’s bulletproof vest by an inch, cut through an artery, punctured his lung and lodged itself in his vertebrae. At sentencing, Dee Dee Toney was reading her victim-impact statement when Ritchie repeatedly interrupted her, laughed, and called her a "bitch" when she declared him a coward. The victim statement was given in the presence of Ritchie after sentencing in accordance with a new statute which was enacted in 2002 despite warnings that such outbursts would become commonplace from defendants with nothing to lose after being sentenced to death.

October 15, 2002 - Wrinkles v. State, 776 N.E.2d 905 (Ind. 2002) Indiana Supreme Court denies Wrinkles permission to file successive state court post-conviction petition. The Court addresses and rejects arguments relating to Ring and holds that "petitioner has not established a reasonable possibility that he is entitled to post-conviction conviction relief on any of the claims presented." (Opinion by Chief Justice Shepard; Justices Dickson, Boehm, Sullivan, Rucker concur)

October 9, 2002 - Admitted serial killer Aileen Wuornos is executed by the State of Florida for a series of murders committed along Florida highways in 1989/1990. Wuornos had earlier claimed that she had committed all of the murders in self-defense when the men attempted to sexually abuse her. The case generated extreme publicity and notoriety, resulting in several books and movies, and even one opera on the life of "America's first female serial killer." She is the 805th murderer executed and the 10th woman executed in the U.S. since executions were resumed in 1976.

October 9, 2002 - The U.S. Supreme Court denied certiorari and declined to hear the appeal of Kevin Stanford, a Kentucky death row inmate who was appealing on the grounds that he was only 17 years old when he murdered gas station attendant Baerbel Poore during the course of a robbery in Louisville.

September 5, 2002 - Corcoran v. State, 774 N.E.2d 495 (Ind. 2002) Following a remand to the Allen Superior Court for a more specific sentencing order, the Indiana Supreme Court affirms the death sentence of Joseph E. Corcoran on direct appeal. (Opinion by Chief Justice Shepard, Dickson, Sullivan, and Boehm concur; Rucker dissents on the grounds that Corcoran "suffers a severe mental illness")

September 4, 2002 - St. Joseph County Superior Court Judge William T. Means sentences Phillip Stroud to death for the murders of 59-year-old Wayne Shumaker of Plymouth, along with 30-year-old Corby Myers and 54-year-old Lynn Ganger, both of Bremen. All were found bound and shot to death on September 14, 2000 while building a loft inside a barn. Evidence showed Stroud was the triggerman and, along with others, committed the murders to cover a burglary committed at the home of the people who owned the barn. Judge Means' sentencing order was a model for trying to please everyone, saying that he was required to follow the jury's death verdict in accordance with new legislative changes, but would not have done so if he had discretion. It was only the third death sentence handed down in St. Joseph County in the last 100 years.

August 20, 2002 - Trueblood v. Davis, 301 F.3d 784 (7th Cir. August 20, 2002) The United States Court of Appeals, Seventh Circuit, reverses the judgment of Judge Allen Sharp of the U.S. District Court, Northern District of Indiana, which granted habeas corpus. In reinstating the death sentences against Trueblood, the Seventh Circuit summarily dismissed the grounds used by Judge Sharp to grant habeas, including the characterizations by the trial Judge describing the murders as "cold-blooded" and "premeditated."

June 26, 2002 - Moore v. State, ___ N.E.2d ___ (Ind. 2002) Indiana Supreme Court affirms the death sentence of Richard Moore on direct appeal. Moore has been on Indiana death row since his 1980 death sentence following his convictions for the murder of his ex-wife Rhonda Moore, her father John Caldwell, and Indianapolis Police Officer Gerald F. Griffin. Post-Conviction Relief was granted as to the convictions and death sentence in 1995, but the Indiana Supreme Court reversed and remanded for only a new sentencing hearing. On remand, Judge James Detamore again sentenced Moore to death in January 2000. At 71 years of age, Moore is the oldest inmate on Indiana death row. (Opinion by Justice Dickson; Shepard, Sullivan, Boehm, and Rucker concur)

June 26, 2002 - Stevens v. State, ___ N.E.2d ___ (Ind. 2002) Indiana Supreme Court affirms the denial of post-conviction relief to Christopher Stevens. (Opinion by Justice Dickson; Shepard, Sullivan, Boehm, and Rucker concur)

June 24, 2002 - The U.S. Supreme Court rules in Ring v. Arizona that the finding of an aggravating factor justifying a death sentence must be made by a jury, not merely by the sentencing Judge. The ruling reversed a 1990 opinion upholding the Arizona death penalty procedures in Walton v. Arizona. Along with four other states (Colorado, Idaho, Montana, Nebraska), Arizona commits both capital sentencing factfinding and the ultimate sentencing decision entirely to the sentencing Judge. The ruling would appear to be retroactive and reverse all death sentences in these 5 states, approximately 168 cases. Four other states (Alabama, Delaware, Florida, Indiana) have hybrid systems that require an "advisory" verdict by the jury, but the sentencing Judge makes the ultimate sentencing determination. The effect in these states, with approximately 629 convicted murderers on death row, is unclear, but the ruling would appear to at least reverse the death sentences where the jury made no finding of an aggravating circumstance. In Indiana, that would include those cases where the jury recommended against a death sentence: (Benny Lee Saylor - Madison County, Christopher Peterson - Lake County, William Minnick - Lawrence County), and those cases where the jury was unable to reach a jury recommendation: (Eric Holmes - Marion County, Charles Roche - Lake County, Edward Earl Williams - Lake County).

July 23, 2002 - Williams v. Davis, 301 F.3d 625 (7th Cir. July 23, 2002) The United States Court of Appeals, Seventh Circuit, affirms the denial of habeas corpus by Judge Allen Sharp of the U.S. District Court, Northern District of Indiana (174 F.Supp. 843). Opinion by Judge Michael S. Kanne.

June 20, 2002 - The U.S. Supreme Court rules in Atkins v. Virginia that execution of the mentally retarded constitutes cruel and unusual punishment. The ruling reversed a 1989 opinion on the issue in Penry v. Lynaugh, and recognized that 18 states (including Indiana) now forbid execution of the mentally retarded by state law. Justices Rehnquist, Scalia, and Thomas dissent, saying that the court relied too heavily on opinion polls and noting that there are 20 death penalty states that have rejected the exclusion of the mentally retarded. The dissent also pointed to the 20 prior felonies on Atkins record and his disputed evidence of retardation. While the opinion leaves open the definition of "mentally retarded," it is generally defined as having an IQ less than 70. In Indiana, the two most likely death row inmates who may gain from the decision are Howard Allen (Marion County) and Debra Denise Brown (Lake County), both of whom received death sentences before Indiana's change in state law prohibiting execution of the mentally retarded.

June 5, 2002 - Vanderburgh Circuit Court Judge Carl A. Heldt sentences Paul Michael McManus to death for the murder of his 29 year old estranged wife, Melissa, and his two daughters, Lindsay (8) and Shelby (23 months). Shelby was born with severe birth defects. Divorce papers were served on McManus at his mother's house on the day of the murders. McManus took a taxi to his wife's residence and shot her once in the leg and 3 times in the head, killing her. He then shot Lindsey 3 times in the head, then shot Shelby once in the head. After the murders, he drove to the Henderson Bridge between Indiana and Kentucky and climbed to the very top (the equivalent of 11 stories). Despite the best efforts of law enforcement to talk him down, he jumped into the Ohio River. Miraculously, he was rescued from the water with only minor back injuries. An insanity defense was unsuccessfully presented at trial. McManus had told acquaintances the weekend before the murders to “watch the papers,” because he was going to “do something big.”

May 28, 2002 - Roche v. Davis, WL1051986 (7th Cir. May 28, 2002) The 7th Circuit U.S. Court of Appeals affirms the decision of U.S. District Court Judge Allen Sharp granting habeas relief as to the death sentence, but not the murder conviction. Ruling of Judge Sharp imposing Life Without Parole is reversed since Life Without Parole was not an option at original sentencing. Remanded for new sentencing hearing.

May 9, 2002 - Maryland Governor Parris Glendening imposes a moratorium on executions in Maryland until the state finishes a study on whether there is racial bias in the use of the death penalty. Glendening, a Democrat whose second and final term as Governor ends in January, said he envisions the stay remaining in place until an ongoing study by the University of Maryland is reviewed and acted upon by the legislature, "which I expect to take about one year." Glendening's opponents charge that the move is merely a political ploy to assist his likely successor, Kathleen Townsend, in playing the race card to get out the black vote. It is worth questioning why those governors who commute death row sentences or impose death penalty moratoriums do so only when they no longer have to stand for election.

May 6-9, 2002 - Latest Gallup Poll shows support for the death penalty in the U.S. increased to 72%, the highest since 1999, with 47% believing that the death penalty is not imposed often enough. Only 19% favor the death penalty for the mentally ill and 26% favor the death penalty for juveniles. 52% favor the death penalty over life imprisonment "with absolutely no possibility of parole," and 53% say the death penalty is applied fairly in this country.

April 26, 2002 - Alton Coleman is executed by the state of Ohio at 10:13 a.m. Coleman was the only death row inmate in the United States with death sentences in three states: Ohio, Indiana, and Illinois. These sentences were the culmination of a 1984 midwestern crime spree by Coleman and accomplice Deborah Denise Brown that included up to 8 murders, 7 rapes, 3 kidnappings, and 14 armed robberies. In Indiana's case, Coleman and Brown convinced 7 year old Tamika Turks and 9 year old Annie to follow them into the woods to play a game. The children were walking to a nearby candy store. Once in the woods, the children were bound, raped, and beaten. Tamika was strangled to death. Annie survived with serious injuries. Once again, Indiana was beaten to the punch, this time by Ohio. In 1997, Michael Lee Lockhart was executed by the State of Texas while appealing his Indiana death sentence.

April 26, 2002 - The Indiana Supreme Court reinstates pending death penalty charges against convicted murderer Charles E. Barker in a per curiam opinion. Barker's death sentence was previously vacated by the court and remanded for a new penalty phase hearing in Barker v. State, 695 N.E.2d 925 (Ind. 1998). On remand, Marion Superior Court Judge Grant W. Hawkins granted a Motion to Dismiss, declaring that the Indiana death penalty statute was unconstitutional in light of Apprendi v. New Jersey. On interlocutory appeal, the Indiana Supreme Court reversed the Order.

April 2002 - Governor O'Bannon signs into law 2002 legislative changes to Indiana Death Penalty Law, including: (1) Raising the minimum age for death penalty eligibility from 16 to 18 at the time of the crime (Minimum age remains at 16 for Life Without Parole), (2) Requiring the trial judge to sentence according to the jury verdict, thereby eliminating the option of a trial judge to "override" the jury's verdict (If jury is hung, trial judge may still sentence to death), and (3) Requiring the use of a special jury verdict form and unanimity as to each aggravating circumstance. (Changes effective July 1, 2002)

April 2002 - The Indiana Criminal Law Study Commission, after almost two years reviewing Indiana Death Penalty Laws, reported that Indiana has “a powerful, extensive, and expensive system of safeguards in place,” including “super due process” at the trial and appellate levels, to protect against the wrongful execution of innocent defendants. The Commission was appointed by Governor O'Bannon in July 2000 to determine whether safeguards are in place to ensure that persons who are innocent of murder are not convicted, and whether the death penalty was being imposed in a race neutral manner in Indiana. The Commission also concluded that white defendants convicted of murder are likely to receive a more severe sentence, are more likely to receive a death sentence, and are more likely to be executed sooner, than minorities convicted of murder. The Commission also determined that it costs about 30% more to pursue the death penalty and an execution in Indiana than to sentence someone to life in prison without parole.

April 2002 - Illinois Commission on Capital Punishment issues its report to Governor Ryan, who appointed the Commission in March 2000, shortly after declaring a moratorium on executions in Illinois. The Report includes several controversial recommendations to narrow the scope and reach of the death penalty, as well as others designed to avoid wrongful convictions.

April 9, 2002 - Ray Krone is released from Arizona prison after DNA proves his innocence. Krone was convicted of murder and sentenced to death in 1992. On appeal, he was granted a retrial but was again convicted and sentenced to life in prison. His release is trumpeted by anti-death penalty activists as the 100th exoneration from death row since 1973. Death penalty supporters strongly dispute the "100" number created by the Death Penalty Information Center, in this case pointing to the fact that Krone was not even on death row when released, and say that his release only shows the system works. Supporters also point to over 7,000 death sentences handed down since 1976, with a remarkably low percentage of wrongful murder convictions.

March 25, 2002 - Aki-Khuam v. Davis, WL1051975 (N.D. Ind. March 25, 2002) (Edward Earl Williams) Order of U.S. District Court Judge Allen Sharp, Northern District of Indiana, granting habeas corpus relief as to murder conviction and death sentence on grounds that the trial judge improperly denied peremptory challenges of white jurors by the defense.

March 20, 2002 - Saylor v. State, 765 N.E.2d 535 (Ind. 2002) Indiana Supreme Court affirms the denial of post-conviction relief, dismissing Apprendi arguments. (Opinion by Justice Rucker; Justices Shepard, Dickson, Boehm concur; Justice Sullivan Dissents)

March 19, 2002 - Vincent Juan Prowell pleads guilty but mentally ill to two counts of murder and is sentenced by Vanderburgh Circuit Court Judge Heldt to 100 years imprisonment pursuant to a plea agreement which called for up to a 100 year maximum sentence. Prowell had been sentenced to death in 1994 for murdering Chris Fillbright and Denise Powers. His convictions and death sentence were set aside in January 2001 by the Indiana Supreme Court at Prowell v. State, 741 N.E.2d 704 (Ind. 2001).

January 22, 2002 - Rastafari v. Anderson, 278 F.3d 673 (7th Cir. Ind.) The United States Seventh Circuit Court of Appeals upholds the denial of Habeas Corpus to Gamba Rastafari, a/k/a Gregory Rouster by the United States District Court, Northern District of Indiana, Judge Allen Sharp (117 F.Supp.2d 788).(Opinion by Circuit Judge Michael S. Kanne)

December 19, 2001 - Citing problems with the jury charge and verdict form, United States District Court for the Eastern District of Pennsylvania Judge William Yohn sets aside the death sentence of Mumia Abu Jamal in a 272-page ruling, but dismisses all other defense claims in affirming the 1982 conviction for the murder of Philadelphia policeman Daniel Faulkner. The State was given 180 days to conduct a new sentencing hearing. Both sides are expected to appeal. Abu-Jamal has gained worldwide notoriety as an anti-death penalty activist, particularly among the young and the entertainment industry, claiming that his conviction and sentence was racist and unjust. (See text of opinion at http://news.findlaw.com/hdocs/docs/abujamal/abujmlhrn121801mp2.pdf)

November 20, 2001 - Hough v. Anderson, 272 F.3d 878 (7th Cir. November 20, 2001) The 7th Circuit U.S. Court of Appeals affirms the denial of habeas corpus relief by U.S. District Court Judge Allen Sharp; Affirmed 3-0.

November 19, 2001 - Darnell Williams v. Anderson, 174 F.Supp. 843 (N.D. Ind. November 19, 2001) Order of U.S. District Court Judge Allen Sharp, Northern District of Indiana, denying habeas corpus relief.

October 5, 2001 - The Georgia Supreme Court became the first appellate court in the country to rule that electrocution is an unconstitutionally cruel and unusual punishment. In a 4-3 decision, the court said that death by electrocution "inflicts purposeless physical violence and needless mutilation that makes no measurable contribution to accepted goals of punishment." With the ruling, the state automatically switches to the use of lethal injection under a law passed last year to provide an alternate method of execution if the courts ruled electrocution illegal. (Alabama and Nebraska are the only states using the electric chair as the sole method of execution)

October 2001 - Second major research study of 2001 finds strong deterrent effect of capital punishment. Scholarly research paper from economics professors at the University of Colorado at Denver, H. Naci Mocan and R. Kaj Gittings, suggests that the death penalty has a significant deterrent effect. This study follows similar conclusions reached in January 2001 by economics professors at Emory University, Hashem Dezhbakhsh, Paul Rubin, and Joanna Mehlhop Sheperd. Neither study attracts significant media attention, undoubtedly due to media bias against the death penalty.

September 13, 2001 - Castor v. State, 754 N.E.2d 506 (Ind. 2001) 60 year sentence affirmed by Indiana Supreme Court. (Marvin D. Castor was sentenced to death in 1988 in Wayne County. The death sentence was vacated in 1992 at Castor v. State, 587 N.E.2d 1281 (Ind. 1992). On remand, in 1996 he was sentenced to 60 years imprisonment.)

August 28, 2001 - Ben-Yisrayl v. State, 753 N.E.2d 649 (Ind. 2001) Indiana Supreme Court affirms the denial of post-conviction relief to Christopher Peterson a/k/a Obadyah Ben-Yisrayl. (Opinion by Chief Justice Shepard, Justices Dickson, Sullivan, Boehm, and Rucker concur)

August 20, 2001 - Timberlake v. State, 753 N.E.2d 591 (Ind. 2001) Indiana Supreme Court affirms the denial of post-conviction relief to Norman Timberlake. (Opinion by Justice Boehm, Justices Shepard, Dickson, Sullivan, and Rucker concur)

August 7, 2001 - Perry Miller enters a guilty plea in Porter Superior Court, Judge Roger Bradford, pursuant to a plea agreement calling for a 138 year sentence. Miller had been sentenced to death in 1991 for murdering and torturing convenience store clerk Christel Helmchen. For the last decade, he and his attorneys had strongly asserted his innocence. His conviction and death sentence were set aside by the 7th Circuit U.S. Court of Appeals in June 2001 at Miller v. Anderson, 255 F.3d 455 (7th Cir. 2001).

July 30, 2001 - Trueblood v. Anderson, 156 F.Supp.2d 1056 (N.D. Ind. 2001) The United States District Court, Northern District of Indiana, reverses one of three murder convictions, and vacates all death sentences against Trueblood, who pled guilty to murdering his ex-girlfriend and two children in 1989/1990. District Judge Allen Sharp held that guilty plea to murder of ex-girlfriend before trial must be vacated due to ineffective assistance of counsel in failing to advise Trueblood of the capital consequences of the plea. Further that while the guilty pleas to murder of the children during trial should stand, the death sentences must be vacated and remanded since the Judge, in addition to valid multiple murder/child under 12 aggravators, used vague terms such as "cold-blooded" and "premeditated" and may have relied upon these improper aggravators.

July 25, 2001 - Nebraska Crime Commission issues its final report to the Governor: The Disposition of Nebraska Capital and Non-Capital Homicide Cases (1973-1999); A Legal and Empirical Analysis.

June 29, 2001 - Miller v. Anderson, 255 F.3d 455 (7th Cir. Ind.) The 7th Circuit U.S. Court of Appeals reverses the denial of Habeas Corpus to Perry Steven Miller by the United States District Court, Northern District of Indiana, Judge Allen Sharp. The reversal is based upon ineffective assistance of trial counsel for failure to call expert witnesses and failure to subpoena bank records. Circuit Court directs that the state either release Miller or retry him within 120 days. (Opinion by Circuit Judge Posner, with Judge Easterbrook and Ripple concurring)

June 29, 2001 - Allen v. State, 749 N.E.2d 1158 (Ind.) The Indiana Supreme Court affirms the denial of post-conviction relief to Howard Allen. (Unanimous Opinion by Justice Sullivan, with Shepard, Dickson, Boehm, and Rucker concurring)

June 29, 2001 - Wrinkles v. State, 749 N.E.2d 117 (Ind.) The Indiana Supreme Court affirms the denial of post-conviction relief to Matthew Eric Wrinkles. (Unanimous Opinion by Justice Rucker, with Shepard, Dickson, Boehm, and Sullivan concurring)

June 27, 2001 12:29 a.m. - James Lowery is executed by lethal injection at the Indiana State Prison in Michigan City. Lowery was first convicted and sentenced to death on July 11, 1980, for the murder of an elderly couple, Mark and Gertrude Thompson, in Tippecanoe County on September 30, 1979. Lowery formerly worked as a caretaker at the home of the Thompsons, and became enraged after he was fired. Following a change of venue, trial was held in Boone County and the sentence was handed down by Boone superior Court Judge Paul H. Johnson. In 1982, the Indiana Supreme Court reversed the murder conviction due to a failure to sequester the jury. On remand, the trial was venued to Hendricks County and Lowery was again convicted of murder and sentenced to death by Judge Jeffrey Boles on January 7, 1983. He remained on Indiana Death Row for another 18 years, pursuing appeals to the bitter end.

June 27, 2001 - The International Court of Justice in The Hague renders judgment holding the United States in violation of the Vienna Convention on Consular Relations, in the case of the execution of German Nationals, Karl and Walter LaGrand in Arizona.

June 19, 2001 07:09 a.m. - Juan Raul Garza is executed by lethal injection at the Federal Penetentiary at Terre Haute, Indiana, 8 days following the execution of Timothy McVeigh. Garza, by his own admission, ran a marijuana smuggling operation in Texas, murdered one associate and ordered the murder of two others, in order to maintain his drug empire. Garza was convicted in 1993 and sentenced to death in the United States District Court in Texas.

June 29, 2001 - Matheney v. Anderson, 2001 WL 677349 (7th Cir. Ind.) The 7th Circuit U.S. Court of Appeals upholds the denial of habeas relief by the United States District Court, Northern District of Indiana, Judge Allen Sharp (60 F.Supp.2d 846), but remands the case for an evidentiary hearing on whether defendant received ineffective assistance of counsel because his defense team did not pursue his request for a hearing on his competency to stand trial. (Opinion by Circuit Judge Coffey)

June 11, 2001 07:14 a.m. - Timothy McVeigh is executed by lethal injection at the Federal Penetentiary at Terre Haute, Indiana. The execution is accompanied by a media circus as McVeigh is the first federal prisoner since 1963 to be executed. McVeigh had been convicted and sentenced to death in 1997 for the murder of 168 persons killed in the bombing of the Oklahoma City Federal Building on April 19, 1995. Remoreseless to the bitter end, McVeigh had openly admitted his guilt in the bombing, saying it was an act of war against the federal government, and that he was only responding to FBI actions at Ruby Ridge and Waco. The execution was delayed by 30 days following the discovery of over 3000 documents that the FBI failed to turn over to the defense or the prosecution at trial. McVeigh unsuccessfully sought an extended last-minute stay to allow for further examination of the documents.