Delaware County Superior Court
Judge
Robert L. Barnet, Jr.
Prosecutor: Richard W. Reed, J.A. Cummins, Jeffrey L. Arnold
Defense: Ronald E. McShurley, Mark D. Maynard
Date of Murder: December 28, 1990
Victim(s): Gregg Winters W/M/31 Muncie Police Officer
Method of Murder: shooting with .25 handgun
Summary: Muncie Police Officers were dispatched to a traffic accident and observed an abandoned utility truck. The truck was towed and Lambert was found nearby crawling under a vehicle. Lambert had spent most of the night getting drunk and after telling officers he was trying to sleep, was arrested by Officer Kirk Mace for Public Intoxication. He was patted down and placed into the back of a police car driven by Officer Gregg Winters for transport to jail. A few minutes later, the police vehicle was observed sliding off the road into a ditch. Lambert was still handcuffed in the backseat and Officer Winters had been shot 5 times in the back of the head and neck. A .25 handgun was found laying on the floorboard. It was later learned that Lambert had stolen the .25 pistol from his employer. A demonstration/re-enactment video was introduced into evidence showing the manner in which a gun could be retrieved and fired while handcuffed. A statement by the defendant was admitted despite his .18 BAC.
Trial: Information/PC for Murder and DP filed (01-09-91); Voir Dire (11-04-91, 11-06-91, 11-07-91, 11-08-91, 11-11-91, 11-12-91, 11-13-91); Jury Trial (11-13-91, 11-14-91, 11-15-91, 11-16-91); Deliberations over 2 days; Verdict (11-16-91); DP Trial (11-18-91); Verdict (11-18-91); Court Sentencing (01-17-92).
Conviction: Murder
Sentencing: January 17, 1992 (Death Sentence)
Aggravating Circumstances: law enforcement victim
Mitigating Circumstances: 20 years old at the time of the murder, lack of guidance in upbringing, intoxication at time of murder, positive signs of rehabilitation
Also Serving Time For:
Burglary, sentenced to 8 years imprisonment on 08-31-92. (Delaware County)
Battery, sentenced to 8 years imprisonment on 11-07-97. (LaPorte County)
Direct Appeal:
Lambert v. State, 643 N.E.2d 349 (Ind. December 6, 1994)
Conviction Affirmed 5-0; DP Affirmed 3-2
Givan Opinion; Shepard, Dickson concur; Debruler, Sullivan dissent.
(Case was remanded back to trial court
before this opinion to allow for correct application of
intoxication as mitigator)
Lambert v. State, 675 N.E.2d 1060 (Ind.
1996)
(On Rehearing, DP Affirmed 4-1 despite error in
admitting victim impact evidence)
Selby Opinion; Shepard,
Dickson, Sullivan concur; Boehm dissents.
Lambert v. Indiana, 117 S.Ct. 2417 (1997) (Cert. denied).
Lambert v. Indiana, 118 S.Ct. 7 (1997) (Rehearing denied).
PCR:
PCR Petition filed 10-01-97.
PCR denied 07-10-98 by Delaware Superior Court Judge Robert L. Barnet, Jr.
Lambert v. State, 743 N.E.2d 719 (Ind. March 5, 2001)
(Appeal of PCR denial by Delaware Superior Court Judge Robert L. Barnet, Jr.)
Conviction Affirmed 5-0; DP Affirmed 5-0
Sullivan Opinion; Shepard, Dickson, Boehm, Rucker concur.
Lambert v. Indiana, 122 S.Ct. 1082 (2002) (Cert. denied).
Lambert v. State, 825 N.E.2d 1261 (Ind. Apr 28, 2005) (18S00-0412-SD-503).
(Lambert sought leave to file successive petition for state postconviction relief. Held: Denied; Indiana Supreme Court, on direct appeal, had appellate authority to independently reweigh the proper aggravating and mitigating circumstances, as remedy for improper victim impact evidence admitted during trial.)
Shepard Opinion; Dickson, Sullivan concur. Rucker, Boehm dissent.
Petition for Writ of Habeas Corpus filed on 11-13-01 in U.S. District Court, Southern District of Indiana.
Writ denied 11-07-02 by U.S. District Court Judge Larry J. McKinney.
Lambert v. McBride, 365 F.3d 557 (7th Cir. April 7, 2004).
(Appeal of denial of Habeas Writ - Affirmed 3-0 - Ring does not apply retroactively).
Circuit Judge Terence T. Evans, Judge Kenneth F. Ripple, Judge Michael S. Kanne.
05-12-05 Petition for Writ of Habeas Corpus filed in U.S. District Court, Southern District of Indiana.
Judge Larry J. McKinney
05-31-05 Petition for Writ of Habeas Corpus dismissed for lack of jurisdiction; Stay denied.
06-17-05 Stay of Execution ordered by 7th Circuit U.S. Court of Appeals for scheduled 06-22-05 execution date. “In due course, the court will issue an order addressing whether a certificate of appealability should be issued.
Lambert v. Davis, ___ F.3d ___ (7th Cir. May 31, 2006) (05-2610)
Appeal of dismissal of Successive Petition for Habeas Relief.
(Whether Lambert was entitled to benefit of “Saylor” rule is a matter of state, not federal, law)
Affirmed 2-1; Opinion by Circuit Judge Terence T. Evans.
Judge Michael S. Kanne concurs; Judge Kenneth F. Ripple dissents.
For Defendant: Alan M. Freedman, Midwest Center for Justice, Evanston, IL
For State: Stephen R. Creason, Deputy Attorney General (S. Carter)
AWAITING APPEAL TO U.S. SUPREME COURT.
As of July 1, 2006