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GUILTY IN - Tammy Blanton, 46, murdered, mutilated, partially eaten, Jeffersonville, 11 Sept 2014 *appeal 2022 denied*
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O crossed my mind and I decided to check on him. He's currently housed in New Castle Psychiatric Unit.
I completely forgot about his appeal; no problem... it's still pending. The court reporter has had a big problem getting her stuff together. The court granted her 3 extensions.
20S-LW-00620
04/21/2021 = Order Denying Court Reporter's Motion For Extension of Time
This Court expects compliance with its orders, including those designating deadlines as final. Accordingly, the Court DENIES the Court Reporter[']s Final Emergency Verified Motion for Final Extension of Time to File Appeal Transcript and ORDERS as follows: 1. The court reporter shall complete and file the transcript on or before May 20, 2021. 2. No further motions for extension of time to file the transcript shall be filed. 3. This Court's authority to compel compliance with orders related to production of transcripts includes the authority to hold a court reporter in contempt if necessary. See In re Hatfield, 607 N.E.2d 384 (Ind. 1993). 4. The Court directs Judge Carmichael to monitor the work of the court reporters to ensure the transcript is completed and filed by May 20, 2021. 5. The Clerk shall send a copy of this order to court reporter Renee Young and Judge Carmichael both electronically and by certified mail, return receipt requested.
Judicial Officer: Rush, Loretta H.
Party: Renee Young, Court Reporter
Serve: Casanova, Victoria Bailey
Serve: Wieneke, Cara Schaefer
Serve: Trial Clerk 10 - Clark
Serve: Carmichael, Vicki Lynne
Serve: Renee Young, Court Reporter
Serve: Rokita, Theodore Edward
Serve: Lori Freeman, Court Reporter
I completely forgot about his appeal; no problem... it's still pending. The court reporter has had a big problem getting her stuff together. The court granted her 3 extensions.
20S-LW-00620
04/21/2021 = Order Denying Court Reporter's Motion For Extension of Time
This Court expects compliance with its orders, including those designating deadlines as final. Accordingly, the Court DENIES the Court Reporter[']s Final Emergency Verified Motion for Final Extension of Time to File Appeal Transcript and ORDERS as follows: 1. The court reporter shall complete and file the transcript on or before May 20, 2021. 2. No further motions for extension of time to file the transcript shall be filed. 3. This Court's authority to compel compliance with orders related to production of transcripts includes the authority to hold a court reporter in contempt if necessary. See In re Hatfield, 607 N.E.2d 384 (Ind. 1993). 4. The Court directs Judge Carmichael to monitor the work of the court reporters to ensure the transcript is completed and filed by May 20, 2021. 5. The Clerk shall send a copy of this order to court reporter Renee Young and Judge Carmichael both electronically and by certified mail, return receipt requested.
Judicial Officer: Rush, Loretta H.
Party: Renee Young, Court Reporter
Serve: Casanova, Victoria Bailey
Serve: Wieneke, Cara Schaefer
Serve: Trial Clerk 10 - Clark
Serve: Carmichael, Vicki Lynne
Serve: Renee Young, Court Reporter
Serve: Rokita, Theodore Edward
Serve: Lori Freeman, Court Reporter
JerseyGirl
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Indiana man convicted of killing, eating ex-girlfriend appeals life sentence
An Indiana man behind bars for killing and eating parts of his ex-girlfriend after dismembering her has appealed his life sentence. Joseph Oberhansley of Jeffersonville was sentenced to life withou…
fox59.com
His defense is appealing a judge to recommend a term of years instead of the sentence of life
imprisonment without parole.
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Indiana man convicted of killing, eating ex-girlfriend appeals life sentence
An Indiana man behind bars for killing and eating parts of his ex-girlfriend after dismembering her has appealed his life sentence. Joseph Oberhansley of Jeffersonville was sentenced to life withou…
His defense is appealing a judge to recommend a term of years instead of the sentence of life
imprisonment without parole.
@FrostedGlass - I can't access this article - anything in there that I should put in my notes? TIA!
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O's appeal attorney sure had her work cut out for her. This case doesn't bolster my confidence in the appeal process.
This quote from the appeal is how it began:
Case # 20S-LW-00620
"Appellant’s Notice of Appeal was filed on October 27, 2020, making the record assembly due Monday, November 30, 2020. On December 4, 2020, Susan Popp, Clerk of the Clark Circuit Court, moved for an extension of time to assemble the record. Popp appears to intend to seek an extension of time to and including January 8, 2021 to assemble the record. She alleges more time is needed because multiple documents are missing from the chronological case summary and she has been diligently working with others to obtain the missing documents."
Then they get to this point:
03/12/2021
"Being duly advised, the Court GRANTS the Chief Court Reporter’s verified motion for a third and final extension of time to file the transcript, to and including April 26, 2021. The Hon. Vicki L. Carmichael, Judge, Clark Circuit Court No. 4, is requested to ensure that the resources necessary to meet this final due date are assigned to the task."
Then here's yet another request for an extension, which is denied but still given more time:
04/21/2021
"Accordingly, the Court DENIES the Court Reporter[']s Final Emergency Verified Motion for Final Extension of Time to File Appeal Transcript and ORDERS as follows: 1. The court reporter shall complete and file the transcript on or before May 20, 2021."
Problems continue; the attorney finally gets the docs but look at the problems:
08/09/2021
Order Granting Motion to Compel Transcript
Accordingly, the Court GRANTS the appellant's Second Verified Motion to Order the Trial Court Clerk to Immediately Transmit the Transcript and Exhibits to the Clerk of this Court. The clerk of the Clark Circuit Court shall immediately transmit the complete amended transcript, including exhibit volumes, to the Clerk of this Court. See App. R. 12(B)(1)(d).
08/10/2021
Received Document
Receive Date: 08/10/2021 Amended Court Reporter's Certificate for Transcript, Table of Contents vol 1, volumes 2-8 are transcripts but are improperly labeled as Table of Contents, Missing Volume 9 of Transcript (filing description indicates transcript vol 9, but what was actually uploaded was a report of Circuit 4). Also tendered were Exhibit Volumes 10-12. Exhibit volume 10 is improperly paginated after page 29. It appears the backside of several pages were not scanned. Volume 11 is missing pages 181-189. Also, all 3 exhibit volumes contain an index of exhibits. The complete index of exhibits shall be in volume 10 only pursuant to the Appellate Rules.
Finally, on 04/07/2022, the atty was able to get a filing date set and her brief was filed on 05/31/2022.
This quote from the appeal is how it began:
Case # 20S-LW-00620
"Appellant’s Notice of Appeal was filed on October 27, 2020, making the record assembly due Monday, November 30, 2020. On December 4, 2020, Susan Popp, Clerk of the Clark Circuit Court, moved for an extension of time to assemble the record. Popp appears to intend to seek an extension of time to and including January 8, 2021 to assemble the record. She alleges more time is needed because multiple documents are missing from the chronological case summary and she has been diligently working with others to obtain the missing documents."
Then they get to this point:
03/12/2021
"Being duly advised, the Court GRANTS the Chief Court Reporter’s verified motion for a third and final extension of time to file the transcript, to and including April 26, 2021. The Hon. Vicki L. Carmichael, Judge, Clark Circuit Court No. 4, is requested to ensure that the resources necessary to meet this final due date are assigned to the task."
Then here's yet another request for an extension, which is denied but still given more time:
04/21/2021
"Accordingly, the Court DENIES the Court Reporter[']s Final Emergency Verified Motion for Final Extension of Time to File Appeal Transcript and ORDERS as follows: 1. The court reporter shall complete and file the transcript on or before May 20, 2021."
Problems continue; the attorney finally gets the docs but look at the problems:
08/09/2021
Order Granting Motion to Compel Transcript
Accordingly, the Court GRANTS the appellant's Second Verified Motion to Order the Trial Court Clerk to Immediately Transmit the Transcript and Exhibits to the Clerk of this Court. The clerk of the Clark Circuit Court shall immediately transmit the complete amended transcript, including exhibit volumes, to the Clerk of this Court. See App. R. 12(B)(1)(d).
08/10/2021
Received Document
Receive Date: 08/10/2021 Amended Court Reporter's Certificate for Transcript, Table of Contents vol 1, volumes 2-8 are transcripts but are improperly labeled as Table of Contents, Missing Volume 9 of Transcript (filing description indicates transcript vol 9, but what was actually uploaded was a report of Circuit 4). Also tendered were Exhibit Volumes 10-12. Exhibit volume 10 is improperly paginated after page 29. It appears the backside of several pages were not scanned. Volume 11 is missing pages 181-189. Also, all 3 exhibit volumes contain an index of exhibits. The complete index of exhibits shall be in volume 10 only pursuant to the Appellate Rules.
Finally, on 04/07/2022, the atty was able to get a filing date set and her brief was filed on 05/31/2022.
JerseyGirl
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Indiana Supreme Court considers murder sentence appeal for Joseph Oberhansley – 89.3 WFPL News Louisville
Joseph Oberhansley was sentenced to life without parole in 2020, six years after he killed and mutilated his ex-girlfriend Tammy Jo Blanton.
wfpl.org
In an October response to the appeal request, state prosecutors argued there was no due process failure by the jury, which they say was “properly and repeatedly instructed that to recommend life without parole they were required to find that the aggravating circumstances outweighed the mitigating circumstances,” according to the filing.
They also say that, despite Oberhansley being diagnosed and treated for mental illness following Blanton’s death, “his mental illness does not outweigh the gruesome and brutal nature of the crime and Oberhansley’s deliberate and planned pursuit of Tammy for at least four days before the murder.”
Oberhansley’s lawyers are asking that the case be returned to the trial court in hopes of a judge imposing a shorter sentence.
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@Niner I'm going to make a point to watch this.
| 02/15/2023 | Order Scheduling Oral Argument The Court has determined the above-captioned case merits oral argument. The argument will be conducted in the Courtroom of the Indiana Supreme Court, 317 Statehouse, 200 West Washington Street, Indianapolis, Indiana on, Thursday, April 6, 2023 at 9:00 a.m. |
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It has been awhile since I last posted this - so will shorten it up a bit!
Thursday, April 6th:
*Oral Argument Hearing (@ 9am ET) – IN – Tammy Jo Blanton (46) (Sept. 11, 2014, Jeffersonville) – *Joseph Albert Oberhansley (33/now 42) arrested (9/11/14) & charged (9/15/14) with 1st degree murder, felony burglary & 3rd degree rape. Plead not guilty. Held without bond. DA seeks DP. DA has taken DP off the table (6/28/19).
Trial began on 9/8/20 with Jury selection (Jury will be picked from Allen County & trial will be in Clark County – jury selection should take about 3 days.) Jury: 12 jurors & 4 alternates. Trial began on 9/11/20 and ended 9/18/20 when jurors deliberated for about 5 hours & gave verdict of guilty of murder, guilty of burglary & not guilty of rape. Sentencing phase hearing started on 9/21/20 & jury recommend Life without parole.
Trial info of Jury selection & Trial 9/11/20-9/18/20 (Days 1-6) reference post #238 here:
https://www.websleuths.com/forums/t...rsonville-11-sept-2014-retrial.256492/page-12
9/21/20 Update: Sentencing phase begins. Judge read the jury instructions. Defense attorney Brent Westerfield up first for penalty phase. Defense called Dr. Timothy Allen, a psychiatrist, to the stand. The witness specializes in mental illness & forensic psychiatry. Clark County Prosecutor Jeremy Mull cross-examined the psychiatrist. Heather Henderson-Galligan, a psychologist. She met with Oberhansley about a week after his arrest Sept. 11, 2014. Oberhansley briefly spoke to jury, saying that he wasn't represented well & said he plans to appeal. His attorneys said Friday there are plans to appeal. Oberhansley also said he wasn't guilty of the charges & that "I do feel horrible for what happened to Tammy * I do care about her," Oberhansley said. Prosecutor Mull asked the jury to find burglary & dismemberment as aggravating factors & sentence Oberhansley to life without parole. Defense attorney Westerfeld then spoke to jury, saying that mental illness as a mitigating factor. "Mental illness explains this case," he said. He asked the jury to allow the judge to impose a sentence rather than choose life in prison. The jury deliberated for less than an hour. Jury recommend Oberhansley serve life without parole. A formal sentencing is scheduled for Oct. 13 in Clark County Circuit Court.
10/13/20 Update: Oberhansley was sentenced to life sentence without parole. He also was sentenced to 6 years on the burglary charge. The sentences will run concurrently.
4/21/21: Order Denying Court Reporter's Motion For Extension of Time for Appeal. This Court expects compliance with its orders, including those designating deadlines as final. Accordingly, the Court DENIES the Court Reporter's Final Emergency Verified Motion for Final Extension of Time to File Appeal Transcript & ORDERS as follows: 1.The court reporter shall complete & file the transcript on or before May 20, 2021. 2. No further motions for extension of time to file the transcript shall be filed. 3. This Court's authority to compel compliance with orders related to production of transcripts includes the authority to hold a court reporter in contempt if necessary. See In re Hatfield, 607 N.E.2d 384 (Ind. 1993). 4. The Court directs Judge Carmichael to monitor the work of the court reporters to ensure the transcript is completed & filed by May 20, 2021. 5. The Clerk shall send a copy of this order to court reporter Renee Young & Judge Carmichael both electronically & by certified mail, return receipt requested.
3/28/22: This Court’s December 7, 2021 order held in abeyance the due date for the appellant’s brief and required his counsel to file a status report by February 28, 2022. That report states his counsel have obtained audio recordings of voir dire occurring on six days, recordings that the court reporter stated she has been unable to transcribe because of their poor quality; that counsel have been working with Phoenix Transcription Services, LLC, which has an in-house IT department and proprietary software to help clear up the hard-to-hear audio; that the trial court has authorized funding for Phoenix’s services; and that Phoenix’s president is confident its transcription will be completed by March 31. Counsel represent that they intend, once Phoenix completes the transcription, to file a supplemental statement of the evidence and ask the trial court to certify it. Being duly advised, the Court continues to hold in abeyance the due date for the appellant’s brief. The appellant’s counsel shall file an updated status report with this Court no later than April 25, 2022.
6/9/22: Oberhansley has appealed his life sentence. In Oberhansley’s appeal brief filed in late May, 2022, it says he suffers from severe mental health illness that caused him to “become so detached from reality that he thought he had to kill Tammy & eat her organs to achieve a higher level of consciousness & strength.” He was originally deemed mentally incompetent to stand trial in October 2017 then was deemed competent in 2018 after a psychiatrist at Logansport State Hospital said Oberhansley’s mental health had been restored. The defense & prosecution reached an agreement in 2019 in which they agreed to take the death penalty off the table if Oberhansley’s mental health or insanity would not be used as a defense. Oberhansley had spent 13 years in prison for killing another former girlfriend & shooting his mother when he was 17 years old. He was convicted in 2020 after his second trial. A jury found him guilty for murdering * robbing Tammy Jo Blanton. He was found not guilty on a count of rape. Oberhansley’s appeal brief says “sentencing him to serve the remainder of his life in prison is inappropriate.” His defense is appealing a judge to recommend a term of years instead of the sentence of life imprisonment without parole.
11/22/22 Update: The Indiana Supreme Court is considering whether a man sentenced to life without parole two years ago for killing & dismembering his ex-girlfriend should get a shorter sentence. In 2020, a jury found Oberhansley guilty of murder & burglary, more than six years after he broke into the home of Blanton, stabbed her to death & consumed parts of her organs. His attorneys filed a notice of appeal a week after his sentencing. The case was transferred to the Indiana Supreme Court last week. Appellate attorneys argue not enough weight was given to Oberhansley’s “profound mental illness” in sentencing. He was diagnosed with schizophrenia & sustained a permanent brain injury after a suicide attempt more than 20 years ago. In an October response to the appeal request, state prosecutors argued there was no due process failure by the jury, which they say was “properly & repeatedly instructed that to recommend life without parole they were required to find that the aggravating circumstances outweighed the mitigating circumstances,” according to the filing. Oberhansley’s lawyers are asking that the case be returned to the trial court in hopes of a judge imposing a shorter sentence.
2/15/23 Update: Order Scheduling Oral Argument. The Court has determined the above-captioned case merits oral argument. The argument will be conducted in the Courtroom of the Indiana Supreme Court on Thursday, 4/6/23 at 9am.
*Charged (7/29/13) with strangulation & resisting LE.
*Charged (7/23/14) with criminal recklessness & resisting LE.
Court information from 8/19/19 thru 8/31/20 reference post #173 here:
https://www.websleuths.com/forums/t...rsonville-11-sept-2014-mistrial.256492/page-9
8/31/20 Update: Other charges hearing on 9/24/20. 9/24/20 Update: hearing continued to 11/30/20. 10/14/20 Update: Motion to dismiss-granted without prejudice on 10/15/20 for both cases.
Thursday, April 6th:
*Oral Argument Hearing (@ 9am ET) – IN – Tammy Jo Blanton (46) (Sept. 11, 2014, Jeffersonville) – *Joseph Albert Oberhansley (33/now 42) arrested (9/11/14) & charged (9/15/14) with 1st degree murder, felony burglary & 3rd degree rape. Plead not guilty. Held without bond. DA seeks DP. DA has taken DP off the table (6/28/19).
Trial began on 9/8/20 with Jury selection (Jury will be picked from Allen County & trial will be in Clark County – jury selection should take about 3 days.) Jury: 12 jurors & 4 alternates. Trial began on 9/11/20 and ended 9/18/20 when jurors deliberated for about 5 hours & gave verdict of guilty of murder, guilty of burglary & not guilty of rape. Sentencing phase hearing started on 9/21/20 & jury recommend Life without parole.
Trial info of Jury selection & Trial 9/11/20-9/18/20 (Days 1-6) reference post #238 here:
https://www.websleuths.com/forums/t...rsonville-11-sept-2014-retrial.256492/page-12
9/21/20 Update: Sentencing phase begins. Judge read the jury instructions. Defense attorney Brent Westerfield up first for penalty phase. Defense called Dr. Timothy Allen, a psychiatrist, to the stand. The witness specializes in mental illness & forensic psychiatry. Clark County Prosecutor Jeremy Mull cross-examined the psychiatrist. Heather Henderson-Galligan, a psychologist. She met with Oberhansley about a week after his arrest Sept. 11, 2014. Oberhansley briefly spoke to jury, saying that he wasn't represented well & said he plans to appeal. His attorneys said Friday there are plans to appeal. Oberhansley also said he wasn't guilty of the charges & that "I do feel horrible for what happened to Tammy * I do care about her," Oberhansley said. Prosecutor Mull asked the jury to find burglary & dismemberment as aggravating factors & sentence Oberhansley to life without parole. Defense attorney Westerfeld then spoke to jury, saying that mental illness as a mitigating factor. "Mental illness explains this case," he said. He asked the jury to allow the judge to impose a sentence rather than choose life in prison. The jury deliberated for less than an hour. Jury recommend Oberhansley serve life without parole. A formal sentencing is scheduled for Oct. 13 in Clark County Circuit Court.
10/13/20 Update: Oberhansley was sentenced to life sentence without parole. He also was sentenced to 6 years on the burglary charge. The sentences will run concurrently.
4/21/21: Order Denying Court Reporter's Motion For Extension of Time for Appeal. This Court expects compliance with its orders, including those designating deadlines as final. Accordingly, the Court DENIES the Court Reporter's Final Emergency Verified Motion for Final Extension of Time to File Appeal Transcript & ORDERS as follows: 1.The court reporter shall complete & file the transcript on or before May 20, 2021. 2. No further motions for extension of time to file the transcript shall be filed. 3. This Court's authority to compel compliance with orders related to production of transcripts includes the authority to hold a court reporter in contempt if necessary. See In re Hatfield, 607 N.E.2d 384 (Ind. 1993). 4. The Court directs Judge Carmichael to monitor the work of the court reporters to ensure the transcript is completed & filed by May 20, 2021. 5. The Clerk shall send a copy of this order to court reporter Renee Young & Judge Carmichael both electronically & by certified mail, return receipt requested.
3/28/22: This Court’s December 7, 2021 order held in abeyance the due date for the appellant’s brief and required his counsel to file a status report by February 28, 2022. That report states his counsel have obtained audio recordings of voir dire occurring on six days, recordings that the court reporter stated she has been unable to transcribe because of their poor quality; that counsel have been working with Phoenix Transcription Services, LLC, which has an in-house IT department and proprietary software to help clear up the hard-to-hear audio; that the trial court has authorized funding for Phoenix’s services; and that Phoenix’s president is confident its transcription will be completed by March 31. Counsel represent that they intend, once Phoenix completes the transcription, to file a supplemental statement of the evidence and ask the trial court to certify it. Being duly advised, the Court continues to hold in abeyance the due date for the appellant’s brief. The appellant’s counsel shall file an updated status report with this Court no later than April 25, 2022.
6/9/22: Oberhansley has appealed his life sentence. In Oberhansley’s appeal brief filed in late May, 2022, it says he suffers from severe mental health illness that caused him to “become so detached from reality that he thought he had to kill Tammy & eat her organs to achieve a higher level of consciousness & strength.” He was originally deemed mentally incompetent to stand trial in October 2017 then was deemed competent in 2018 after a psychiatrist at Logansport State Hospital said Oberhansley’s mental health had been restored. The defense & prosecution reached an agreement in 2019 in which they agreed to take the death penalty off the table if Oberhansley’s mental health or insanity would not be used as a defense. Oberhansley had spent 13 years in prison for killing another former girlfriend & shooting his mother when he was 17 years old. He was convicted in 2020 after his second trial. A jury found him guilty for murdering * robbing Tammy Jo Blanton. He was found not guilty on a count of rape. Oberhansley’s appeal brief says “sentencing him to serve the remainder of his life in prison is inappropriate.” His defense is appealing a judge to recommend a term of years instead of the sentence of life imprisonment without parole.
11/22/22 Update: The Indiana Supreme Court is considering whether a man sentenced to life without parole two years ago for killing & dismembering his ex-girlfriend should get a shorter sentence. In 2020, a jury found Oberhansley guilty of murder & burglary, more than six years after he broke into the home of Blanton, stabbed her to death & consumed parts of her organs. His attorneys filed a notice of appeal a week after his sentencing. The case was transferred to the Indiana Supreme Court last week. Appellate attorneys argue not enough weight was given to Oberhansley’s “profound mental illness” in sentencing. He was diagnosed with schizophrenia & sustained a permanent brain injury after a suicide attempt more than 20 years ago. In an October response to the appeal request, state prosecutors argued there was no due process failure by the jury, which they say was “properly & repeatedly instructed that to recommend life without parole they were required to find that the aggravating circumstances outweighed the mitigating circumstances,” according to the filing. Oberhansley’s lawyers are asking that the case be returned to the trial court in hopes of a judge imposing a shorter sentence.
2/15/23 Update: Order Scheduling Oral Argument. The Court has determined the above-captioned case merits oral argument. The argument will be conducted in the Courtroom of the Indiana Supreme Court on Thursday, 4/6/23 at 9am.
*Charged (7/29/13) with strangulation & resisting LE.
*Charged (7/23/14) with criminal recklessness & resisting LE.
Court information from 8/19/19 thru 8/31/20 reference post #173 here:
https://www.websleuths.com/forums/t...rsonville-11-sept-2014-mistrial.256492/page-9
8/31/20 Update: Other charges hearing on 9/24/20. 9/24/20 Update: hearing continued to 11/30/20. 10/14/20 Update: Motion to dismiss-granted without prejudice on 10/15/20 for both cases.
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Anything going on with this case @FrostedGlass - I waited a few days to ask...
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They posted the audio. I haven't listened to it yet. I don't know how long it takes to hear the Supreme Court's decision.Anything going on with this case @FrostedGlass - I waited a few days to ask...
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@FrostedGlass - have you had a chance to listen to the oral arguments hearing? Any good news - like DENIED!!
TIA!
TIA!
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I haven't. Since it's the Indiana Supreme Court, I'm guessing we will have a long wait for an answer.@FrostedGlass - have you had a chance to listen to the oral arguments hearing? Any good news - like DENIED!!
TIA!
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Since I can not access either link - can you give a sort of 10% synopsis on what was denied? If not too much trouble?
TIA!
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Since I can not access either link - can you give a sort of 10% synopsis on what was denied? If not too much trouble?
TIA!
Indiana court upholds life sentence for man convicted of killing, cannibalism
JEFFERSONVILLE, Ind. (AP) — The Indiana Supreme Court on Wednesday upheld the life sentence without parole for a man convicted of killing his ex-girlfriend and eating parts of her body.
apnews.com
Joseph Oberhansley was convicted in September 2020 of murder and burglary in the slaying of Tammy Jo Blanton in Jeffersonville in September 2014. Clark Circuit Judge Vicki Carmichael sentenced Oberhansley to life in prison without parole, based on a jury recommendation.
Oberhansley’s attorney, Victoria Casanova, argued before the court last month that her client’s mental health wasn’t taken into consideration and that the jury didn’t return a proper verdict form in weighing aggravating and mitigating circumstances.
The opinion written by Justice Christopher Goff said the jury made “the necessary weighing determination.” Three other justices concurred and Justice Geoffrey Slaughter agreed in part.
---------------------------------------------
Joseph Albert Oberhansley was convicted of burglary and the murder of his former partner, Tammy Jo Blanton—crimes he concedes were “horrific and brutal.”1 The jury recommended, and the trial court imposed, a sentence of life imprisonment without the possibility of parole (LWOP). In this direct appeal, Oberhansley argues that the jury failed to determine that the aggravating circumstances outweighed the mitigating circumstances—a statutory prerequisite for an LWOP sentence. We conclude that the jury’s LWOP recommendation implicitly reflected the necessary determination and, thus, the trial court did not err in imposing the sentence. Oberhansley also claims that his sentence was inappropriate in light of the severe mental illness he was suffering when he committed these crimes. Considering his character and the nature of his crimes, we cannot agree with him. Consequently, we affirm his sentence.
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JEFFERSONVILLE, Ind. (AP) — The Indiana Supreme Court on Wednesday upheld the life sentence without parole for a man convicted of killing his ex-girlfriend and eating parts of her body.Indiana court upholds life sentence for man convicted of killing, cannibalism
JEFFERSONVILLE, Ind. (AP) — The Indiana Supreme Court on Wednesday upheld the life sentence without parole for a man convicted of killing his ex-girlfriend and eating parts of her body.
Joseph Oberhansley was convicted in September 2020 of murder and burglary in the slaying of Tammy Jo Blanton in Jeffersonville in September 2014. Clark Circuit Judge Vicki Carmichael sentenced Oberhansley to life in prison without parole, based on a jury recommendation.
Oberhansley’s attorney, Victoria Casanova, argued before the court last month that her client’s mental health wasn’t taken into consideration and that the jury didn’t return a proper verdict form in weighing aggravating and mitigating circumstances.
The opinion written by Justice Christopher Goff said the jury made “the necessary weighing determination.” Three other justices concurred and Justice Geoffrey Slaughter agreed in part.
---------------------------------------------
Joseph Albert Oberhansley was convicted of burglary and the murder of his former partner, Tammy Jo Blanton—crimes he concedes were “horrific and brutal.”1 The jury recommended, and the trial court imposed, a sentence of life imprisonment without the possibility of parole (LWOP). In this direct appeal, Oberhansley argues that the jury failed to determine that the aggravating circumstances outweighed the mitigating circumstances—a statutory prerequisite for an LWOP sentence. We conclude that the jury’s LWOP recommendation implicitly reflected the necessary determination and, thus, the trial court did not err in imposing the sentence. Oberhansley also claims that his sentence was inappropriate in light of the severe mental illness he was suffering when he committed these crimes. Considering his character and the nature of his crimes, we cannot agree with him. Consequently, we affirm his sentence.
Thanks a bunch!
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