Opinion

Wilkes v. State

  • 917 N.E.2d 675
  • 2009 Ind. LEXIS 1516
  • 2009 WL 4722388
Court
Indiana Supreme Court
Filed
Dec 10, 2009
Status
Published
Author
Dickson
On the bench
Boehm, Dickson, Rucker, Shepard, Sullivan
Cited by
97 cases
Authority
More cited than 0.1%

holding that consideration of defendant’s admitted sexual activity with child murder victim was not improper because “relevant evidence of another crime is admissible to rebut the defendant’s claimed lack of criminal history even if that evidence may not be sufficient to support a conviction”

How later courts described this case

  • holding that consideration of defendant’s admitted sexual activity with child murder victim was not improper because “relevant evidence of another crime is admissible to rebut the defendant’s claimed lack of criminal history even if that evidence may not be sufficient to support a conviction”
  • concluding that the evidence supported the conclusion that Wilkes did not unequivocally assert his right to remain silent where, after each of Wilkes’s purported attempts to end the interrogation, he continued to speak with the detective
  • concluding that Wilkes’s statements were voluntary where he did not argue on appeal that he was unaware of what he was saying when giving the statements and officers testified he did not appear intoxicated
  • holding that although Indiana Trial Rule 49 abolished special verdict forms, use of the form is necessitated by the Sixth Amendment to the United States Constitution as interpreted by Apprendi and Ring

Written by the judges who cited it.

The opinion

DICKSON, Justice,

concurring in result.

I concur except with respect to the Court's departure from Roche v. State, 596 N.E.2d 896 (Ind.1992), and its progeny. I continue to believe that a jury's inability to reach a unanimous sentencing recommendation is logically unrelated to the defendant's conduct or personal cireumstances and thus is irrelevant as a consideration in determining the appropriate sentence for a defendant.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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