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Friday, January 25, 2008
Ind. Courts - More on "Revised law in play on Wilkes sentence"
Kate Braser of the Evansville Courier & Press reports today:
More than 20 years ago, another Vanderburgh Circuit Court judge was in a position similar to the one Judge Carl Heldt faces today, when he will decide what punishment to render in Daniel Ray Wilkes' capital murder case.In 1982, jurors deliberated for more than two days before telling then-Vanderburgh Circuit Court Judge William H. Miller they were hopelessly deadlocked over the fate of Daryl McReynolds. * * *
Indiana law regarding death penalty cases was different in 1982 than it is today. In McReynolds' case, jurors had several penalty options. They could recommend the death penalty or a prison sentence ranging from 30 to 270 years.
Unlike today, Indiana law at that time required only a judge to consider the jury's recommendation. Today, the law requires a judge to abide by the jury's decision. Miller ultimately sentenced McReynolds to 270 years in prison and recommended that future governors never pardon him.
"At that time we did not have life without parole as an option, so Judge Miller maxed him by giving him the maximum penalties for each count, all consecutive," Standley said.
Posted by Marcia Oddi on January 25, 2008 10:49 AM
Posted to Ind. Trial Ct. Decisions