Fleenor v. State

Indiana Supreme Court

Fleenor v. State

718 N.E.2d 752, 1999 Ind. LEXIS 964, 1999 WL 979686

CourtIndiana Supreme Court

DecidedOctober 25, 1999

DocketNo. 41S00-9106-PD-433

StatusPublished

This text of 718 N.E.2d 752 (Fleenor v. State) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fleenor v. State, 718 N.E.2d 752, 1999 Ind. LEXIS 964, 1999 WL 979686 (Ind. 1999).

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Opinion

ORDER SETTING DATE FOR EXECUTION OF DEATH SENTENCE

D.H. Fleenor has been convicted for the murders of Nyla Harlow and Bill Harlow, and sentenced to death. The convictions and sentence were affirmed on direct appeal. Fleenor v. State, 514 N.E.2d 80 (Ind.1987), cert. denied 488 U.S. 872, 109 S.Ct. 189, 102 L.Ed.2d 158 (1988). The post-conviction court denied post-conviction relief, and that denial was affirmed on appeal. Fleenor v. State, 622 N.E.2d 140 (Ind.1993), cert. denied 513 U.S. 999, 115 S.Ct. 507, 130 L.Ed.2d 415 (1994). The federal district court denied Fleenor’s petition for habeas corpus relief. Fleenor v. Farley, 47 F.Supp.2d 1021 (S.D.Ind.1998). That denial was affirmed on appeal. Fleenor v. Anderson, 171 F.3d 1096 (7th Cir.1999), cert. denied — U.S. —, 120 S.Ct. 215, — L.Ed.2d - (U.S. Oct.4, 1999). It thus appears that Fleenor has .received the review of his convictions and sentence to which he is entitled as a matter of right.

There being no stay of execution now in effect, and pursuant to the Court’s authority to set dates for the-execution of death sentences, it is now ORDERED that the execution of D.H. Fleenor is set for December 9, 1999 before the hour of sunrise. The Superintendent/Warden of the Indiana State Prison is directed to carry out the execution in accordance with Indiana law. This order shall constitute [753]*753the warrant for execution described in Indiana Code §§ 35-38-6-2 & 3.

SHEPARD, C.J., and DICKSON, SULLIVAN, and BOEHM, JJ., concur,

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ORDER SETTING DATE FOR EXECUTION OF DEATH SENTENCE

D.H. Fleenor has been convicted for the murders of Nyla Harlow and Bill Harlow, and sentenced to death. The convictions and sentence were affirmed on direct appeal. Fleenor v. State, 514 N.E.2d 80 (Ind.1987), cert. denied 488 U.S. 872, 109 S.Ct. 189, 102 L.Ed.2d 158 (1988). The post-conviction court denied post-conviction relief, and that denial was affirmed on appeal. Fleenor v. State, 622 N.E.2d 140 (Ind.1993), cert. denied 513 U.S. 999, 115 S.Ct. 507, 130 L.Ed.2d 415 (1994). The federal district court denied Fleenor’s petition for habeas corpus relief. Fleenor v. Farley, 47 F.Supp.2d 1021 (S.D.Ind.1998). That denial was affirmed on appeal. Fleenor v. Anderson, 171 F.3d 1096 (7th Cir.1999), cert. denied — U.S. —, 120 S.Ct. 215, — L.Ed.2d - (U.S. Oct.4, 1999). It thus appears that Fleenor has .received the review of his convictions and sentence to which he is entitled as a matter of right.

There being no stay of execution now in effect, and pursuant to the Court’s authority to set dates for the-execution of death sentences, it is now ORDERED that the execution of D.H. Fleenor is set for December 9, 1999 before the hour of sunrise. The Superintendent/Warden of the Indiana State Prison is directed to carry out the execution in accordance with Indiana law. This order shall constitute [753]*753the warrant for execution described in Indiana Code §§ 35-38-6-2 & 3.

SHEPARD, C.J., and DICKSON, SULLIVAN, and BOEHM, JJ., concur,

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Bluebook (online)

718 N.E.2d 752, 1999 Ind. LEXIS 964, 1999 WL 979686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fleenor-v-state-ind-1999.

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