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Monday, March 26, 2007

Ind. Decisions - Supreme Court issues one today

In David Leon Woods v. State of Indiana, a 7-page "Published Order Concerning Sucessive Petition for Post-Conviction Relief in Captial Case," Chief Justice Shepard writes for a 5-0 Court:

Having exhausted the judicial review to which he is entitled as a matter of right, David Leon Woods remains sentenced to death for the intentional killing of an elderly DeKalb County man during a robbery. Before us now is Woods’s request to litigate a second, or “successive” post-conviction proceeding involving two claims: (1) that he is exempt from the death penalty because he is mentally retarded, and (2) that his first state post-conviction proceeding was unfair because he had a dispute with his attorneys about strategy. Because we conclude Woods has not met the threshold showing required on either claim, we deny authorization for any further successive post-conviction proceedings. A date for execution of the sentence will be set by separate order.

Posted by Marcia Oddi on March 26, 2007 02:51 PM
Posted to Ind. Sup.Ct. Decisions