Wednesday, May 23, 2007
Ind. Decisions - Supreme Court sets date for Lambert execution
An AP report begins:
The Indiana Supreme Court has again set an execution date for Michael Allen Lambert, who was convicted in the shooting death of a Muncie police officer more than 16 years ago.Here is a link to the Supreme Court's May 21st order in Lambert v. State. Shepard, C.J., and Dickson and Sullivan, J., concur. Boehm, J., concurs in result with separate opinion that concludes:
The state’s high court also issued two rulings today denying death penalty appeals of Frederick Michael Baer, condemned for the murders of a woman and her 4-year-old daughter at their home near Lapel; and of Wayne Kubsch, who had been tried twice in St. Joseph County and sentenced to die for a triple murder.
In a ruling dated Monday, the state Supreme Court denied Lambert’s latest appeal and ordered a new execution date of June 15.
In sum, I regretfully conclude that this Court’s 1996 exercise of its power to review and revise and its 2005 rejection of Lambert’s claim based on Saylor, foreclosed all issues now presented to us. Although I disagreed with those decisions, they remain the decisions of this Court, and I therefore concur in the denial of permission to file a successive petition for post-conviction relief.Rucker, J., dissents with separate opinion that reads in full:
Lambert seeks to challenge his sentence of death by requesting permission from this Court to file a second successive petition for post-conviction relief. I would have granted his request to file the first successive petition. See Lambert v. State, 825 N.E.2d 1261, 1265 (Ind. 2005) (Rucker, J., dissenting). Because I continue to believe that Lambert’s sentence of death is constitutionally infirm under both State and Federal constitutions, I would grant the request in this case. Therefore I respectfully dissent.The Baer and Kubsch rulings mentioned in the AP story may be found summarized in this May 22nd ILB entry.
Posted by Marcia Oddi on May 23, 2007 01:11 PM
Posted to Ind. Sup.Ct. Decisions