Judge Grant W

Judge Grant W. Hawkins, from Indianapolis, in the Charles Barker's case ruled that the state's death penalty statute was unconstitutional in light of a recent U.S. Supreme Court. Hawkins based his ruling on Apprendi v. New Jersey (530 U.S. 466 (2000)). In Apprendi, the U.S. Supreme Court held that any fact, other than a prior conviction, that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt.In Indiana, the jury makes an unbinding recommendation to the judge, who sentences the defendant. Judge Hawkins ruled that the Indiana statute violates Apprendi because it is possible that a judge could sentence an inmate to death even though a jury has failed to find, beyond a reasonable doubt, the existence of an aggravating factor.