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Thread: Jeffrey Alan Weisheit - Indiana Death Row

  1. #31
    Senior Member Frequent Poster joe_con's Avatar
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    Execution date coming for this child killer?
    Last edited by Aaron; 11-08-2018 at 12:52 AM. Reason: Profanity

  2. #32
    Senior Member CnCP Legend Mike's Avatar
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    He hasn't even filed to the federal district court. He's 10-15 years away from a date.

  3. #33
    Administrator Moh's Avatar
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    On February 25, 2019, Weisheit filed a habeas petition in Federal District Court.

    https://dockets.justia.com/docket/in...9cv00036/92279

  4. #34
    Administrator Moh's Avatar
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    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

  5. #35
    Administrator Moh's Avatar
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    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/

  6. #36
    Moderator Bobsicles's Avatar
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    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/
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  7. #37
    Administrator Helen's Avatar
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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/
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  8. #38
    Senior Member CnCP Legend Mastro Titta's Avatar
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    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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