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Tuesday, June 12, 2007

Ind. Decisions - 7th Circuit turns down Lambert appeal for stay of execution

In Lambert v. Buss (SD Ind., Larry J. McKinney, Chief Judge), in a per curiam opinion, Judges Ripple, Kanne and Evans conclude:

So the present motions to recall our mandates must be denied. And with this action, the motions for a stay of execution must be denied as well.
WSJV South Bend has a summary of the other actions in this story today:
Lawyers for an Indiana man are asking the U.S. Supreme Court to block his execution on Friday.

Thirty-six-year-old Michael Lambert is scheduled to die for the murder of a Muncie police officer more than 16 years ago.

Lambert's attorneys filed a petition with the Supreme Court Monday. They say three of Indiana's five Supreme Court justices have at times during his appeals ruled his death sentence is "constitutionally deficient." The court took no immediate action on the filing.

Lambert was arrested for public intoxication and placed in the back seat of officer Gregg Winters' police car. He pulled out a gun and shot Winters five times in the back of the head. The policeman died 11 days later.

Last week, the Indiana Parole Board recommended no clemency, and Governor Mitch Daniels is reviewing the case.

If the execution proceeds as scheduled, Lambert would be the second person executed in Indiana this year. David Leon Woods was executed last month for killing a 77-year-old neighbor in Garrett.

Posted by Marcia Oddi on June 12, 2007 10:53 AM
Posted to Ind. (7th Cir.) Decisions