974 N.E.2d 575
Ind. Ct. App.2012Background
- Turner was convicted in 1995 of murder, criminal confinement, and attempted robbery, with the State seeking life without parole based on two statutory aggravators.
- The jury failed to unanimously recommend life without parole; the trial court sentenced Turner to life without parole after a sentencing hearing.
- Dr. Meunier testified at sentencing about Turner’s behavior and potential psychopathy, though he admitted he had not evaluated Turner.
- Turner filed a post-conviction petition in 2000, amended in 2010, alleging ineffective assistance of counsel and the life sentence’s constitutionality under federal and state provisions.
- The post-conviction court denied relief, the evidentiary hearing occurred in 2011, and the Indiana Court of Appeals affirmed in part, reversed in part, and remanded for a reduction of Turner’s Class A robbery conviction to Class B on double jeopardy grounds.
- The Supreme Court of Indiana ultimately held the life sentence constitutional under Holmes v. State’s reasoning and remanded to adjust the robbery conviction; overall disposition was affirmance in part, reversal in part, and remand with instructions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Turner’s life sentence without parole violates Apprendi/Ring. | Turner (the petitioner) argues Ring required a jury to find aggravators beyond a reasonable doubt. | The State contends Ring is not retroactive on collateral review (Schriro) and that Holmes supports the result. | Turner’s challenge fails; Ring is not retroactive on collateral review, and the sentence remains constitutional under Holmes. |
| Whether Turner received ineffective assistance of trial or appellate counsel. | Turner claims trial counsel failed to obtain mitigation evidence and to rebut testimony; appellate counsel failed to challenge key issues including double jeopardy and sufficiency of aggravators. | The State argues most claims lack prejudice and were reasonably strategic. | Most claims rejected; however, appellate counsel’s failure to raise the double jeopardy issue requiring reduction of Class A to Class B robbery conviction is recognized; remanded for correction. |
Key Cases Cited
- Apprendi v. New Jersey, 530 U.S. 466 (U.S. (2000)) (jury must find facts increasing punishment beyond statutory maximum)
- Ring v. Arizona, 536 U.S. 584 (U.S. (2002)) (requires jury determination of aggravating factors in capital cases)
- Schriro v. Summerlin, 542 U.S. 342 (U.S. (2004)) ( Ring not retroactive to collateral review)
- Holmes v. State, 820 N.E.2d 136 (Ind. (2005)) (mechanics of Ring/Apprendi in Indiana capital sentencing)
- Ajabu v. State, 693 N.E.2d 921 (Ind. (1998)) (solo participation and intentional killing required for aggravators)
- Pittman v. State, 885 N.E.2d 1246 (Ind. (2008)) (definition of aggravating circumstances for life without parole)
- Overstreet v. State, 783 N.E.2d 1140 (Ind. (2003)) (distinction between capital and non-capital proof of aggravators)
- Saylor v. State, 808 N.E.2d 646 (Ind. (2004)) ( Ring retroactivity discussion in Indiana context)