Execution date coming for this child killer?
Execution date coming for this child killer?
Last edited by Aaron; 11-08-2018 at 12:52 AM. Reason: Profanity
He hasn't even filed to the federal district court. He's 10-15 years away from a date.
On February 25, 2019, Weisheit filed a habeas petition in Federal District Court.
https://dockets.justia.com/docket/in...9cv00036/92279
In today's United States Supreme Court orders, Weisheit's petition for a writ of certiorari was DENIED.
Lower Ct: Supreme Court of Indiana
Case Numbers: (10S00-1507-PD-413)
Decision Date: November 7, 2018
Rehearing Denied: January 17, 2019
https://www.supremecourt.gov/search....c/18-8857.html
June 24, 2019
U.S. Supreme Court won't hear Jeffrey Weisheit's death penalty appeal
By Mark Wilson
The Evansville Courier & Press
EVANSVILLE, Ind. — The United States Supreme Court will not hear Jeffrey Weisheit's appeal of a state court ruling upholding his death sentence for the 2010 murder of two children in Vanderburgh County.
Weisheit is one of 10 inmates facing death sentences in Indiana.
He was sentenced to death in July 2013 on a jury’s unanimous recommendation after his convictions of murder and arson charges in the deaths of Caleb Lynch, 5, and Alyssa Lynch, 8. The children died in a fire at his home in northern Vanderburgh County in April 2010.
The Indiana Supreme court upheld Weisheit's convictions and sentence in November 2018.
Public defenders representing Weisheit's appeal then filed a petition for writ certiorari, which is a formal written request for the Supreme Court to review a lower court's ruling.
Typically the U.S. Supreme Court accepts only about 100-150 of the more than 7,000 cases it is asked to review each year, according to the United States Courts website. These come from either state supreme court rulings, such as in Weisheit's case, or from U.S. Court of Appeals cases.
Weisheit contended he received ineffective legal counsel in both the trial and the appeal process.
He argued that during the penalty phase of his trial his trial lawyers failed to obtain and introduce records that might have helped persuade the jury against death, failed to call expert witnesses and introduce certain evidence and failed to appropriately question jurors. He also argued the cumulative errors prejudiced the outcome of the sentencing against him.
His petition to the Supreme Court argued that a majority of Indiana's supreme court justices acknowledged the errors but incorrectly concluded it did not amount to a deficient performance by Weisheit's trial lawyers.
Four of the five Indiana Supreme Court justices agreed Weisheit's convictions and sentence should stand. However, Chief Justice Loretta Rush issued a dissenting opinion on his sentence, arguing he deserved a new penalty phase.
Autopsies concluded the children died of smoke inhalation, indicating they had been alive when the fire was set. Weisheit was arrested in Kentucky after a high-speed police chase.
The trial was moved from Evansville to Jeffersonville, Indiana, because of publicity. It lasted three weeks. Weisheit defied his attorneys' advice and testified in his own defense. He was convicted of murder and arson and sentenced to death.
In 2015, the court unanimously upheld his convictions and sentence in a direct appeal. Weisheit then filed a September 2017 petition for post-conviction relief to correct errors in the trial, sentencing and appeals process. Defendants seeking post-conviction relief, according to the Indiana Supreme Court, have to prove there is no way within the law a court could have reached its decision.
The Courier & Press has reached out to the office of the Indiana Public Defender, which is representing Weisheit in the appeal.
https://eu.courierpress.com/story/ne...le/1546147001/
Habeas relief was denied by the federal district court on 11/2/2022.
COAs granted on five claims 9/5/2023.
https://law.justia.com/cases/federal...036/92279/126/
Thank you for the adventure - Axol
Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park
Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt
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Indiana man denied appeal after being convicted of murdering two children
By Seth Austin
Fox 59 News
HENDERSON, Ky (WEHT) – A federal judge has denied the appeal of a man sentenced to death for the murder of two children in Vanderburgh County.
Jeffrey Weisheit was convicted of murdering five-year-old Caleb Lynch and eight-year-old Alyssa Lynch in 2010. Authorities say Weisheit bound and gagged the two children before intentionally setting fire to his home by using a railroad flare.
Weisheit has previously entered appeals to the Indiana Supreme Court and the United States Supreme Court, but his death sentence has been upheld. His latest appeal to the United States District Court Southern District of Indiana was denied on Tuesday according to court documents.
Judge Sarah Evans Baker said Weisheit did not show ineffective assistance by lawyers in his appeal and he also engaged in intentional delay in court filings. Weisheit will still be allowed to appeal to a federal appeals court.
You can read the full court order denying Weisheit’s motion in the window below:
https://s3.documentcloud.org/documen...1694093530.pdf
https://fox59.com/indiana-news/india...-two-children/
"I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
- Oklahoma Rep. Mike Christian
"There are some people who just do not deserve to live,"
- Rev. Richard Hawke
“There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
- Rowan Atkinson
On October 3, 2023, Weisheit filed his habeas appeal to the Seventh Circuit.
https://dockets.justia.com/docket/ci...ts/ca7/23-2906
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