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Wednesday, May 12, 2010

Ind. Decisions - "High court rejects Van Orden appeal"

Among the transfers denied by the Supreme Court on the list posted Monday (ILB entry here) was the case of Julie Van Orden v. State of Indiana. According to the transfer list: Justices Sullivan and Boehm voted to deny transfer; Justices Dickson and Rucker voted to dismiss the appeal. Chief Justice Shepard did not participate in the case. [ILB - the CJ is an Evansville native.]

Eric Bradner reports today in the Evansville Courier & Press:

The Indiana Supreme Court has refused to hear an appeal of the 2009 attempted murder conviction of the woman who shot and killed former Evansville Mayor Russell Lloyd Sr. in 1980.

Julie Van Orden, 65, who was found guilty but mentally ill in the Lloyd killing, was sentenced to 50 years in prison for stabbing a state psychiatric hospital worker in 2006.

While Van Orden was in the minimal transitional unit — a part of the hospital for patients set to be released within 30 days — police say she stabbed Theodore Shriver, a Logansport State Hospital attendant, 13 times. * * *

Van Orden appealed her conviction, but in March, a state appeals court turned her down. [ILB- here is the March 15, 2010 NFP COA opinion.] The Indiana Supreme Court announced last week it would not grant her request that it take up the case.

Van Orden argued then that she presented sufficient evidence to prove she was insane at the time of the attack, but the court found the jury was provided with conflicting expert opinions as to Van Orden's sanity at the time of the crime.

Because of that, the court concluded it "cannot invade the province of the fact-finding jury."

Posted by Marcia Oddi on May 12, 2010 09:40 AM
Posted to Ind. Sup.Ct. Decisions