Opinion
No. 45S00-9306-SD-248, 45S00-9303-PD-397.
June 27, 2003.
ORDER SETTING DATE FOR EXECUTION OF DEATH SENTENCE
The following order sets the date for execution of a death sentence to Indiana Code § 35-50-2-9(h), and was duly entered at Indianapolis, Indiana, this 27th day of June, 2003.
The Clerk is directed to send a copy of this order to Darnell Williams, c/o Indiana State Prison, Michigan City, Indiana; to the Attorney General of Indiana; to Thomas Perkins; to Juliet M. Yackel; to the Commissioner of the Department of Correction; to the Warden/Superintendent of the Indiana State Prison; and to Jon Laramore, Chief Counsel to the Governor.
Randall T. Shepard, Chief Justice of Indiana.
Dickson, Sullivan, Boehm, and Rucker, JJ., concur.
Darnell Williams was charged with two counts of felony murder for killing John Rease and his wife, Henrietta Rease, on August 12, 1986, during a robbery. In the guilt phase of the trial, the jury unanimously found Williams guilty on both counts. The State sought the death penalty, and the jury unanimously recommended a death sentence. The Lake Superior Court followed jury's recommendation and sentenced Williams to death.
The convictions and sentence were affirmed on direct appeal in Rouster v. State, 600 N.E.2d 1342 (Ind. 1992), reh'g denied (Ind. 1993). The trial court's judgment denying relief in state post-conviction proceedings was affirmed on appeal in Williams v. State, 706 N.E.2d 149 (Ind. 1999), cert.denied, 529 U.S. 1113 (2000). The federal district court denied a petition for writ of habeas corpus in Williams v. Anderson, 174 F. Supp.2d 843 (N.D. Ind. 2001), which was affirmed in Williams v. Davis, 301 F.3d 625 (7th Cir. 2002), cert. denied, 123 S.Ct. 1904 (Apr. 28, 2003). Thereafter, the State of Indiana filed a "Motion To Set Execution Date."
Williams has thus completed the review of his convictions and sentence to which he is entitled as a matter of right and there being no stay of execution now in effect, it is ORDERED that the execution of the death sentence imposed on Darnell Williams be carried out on August 1, 2003, before the hour of sunrise. This order shall constitute the warrant for execution described in Indiana Code §§ 35-50-6-2 3, and the Superintendent/Warden of the Indiana State Prison is directed to carry out the execution in accordance with Indiana law.