Bivins v. State, 06S00-9602-PD-173.
| Decision Date | 19 January 2001 |
| Docket Number | No. 06S00-9602-PD-173.,06S00-9602-PD-173. |
| Citation | 741 N.E.2d 1196 |
| Parties | BIVINS, Gerald W., appellant, v. STATE of Indiana appellee. |
| Court | Indiana Supreme Court |
ORDER DENYING REHEARING IN CAPITAL CASE
cert. denied 516 U.S. 1077, 116 S.Ct. 783, 133 L.Ed.2d 734 (1996). A collateral challenge under Indiana's rules for post-conviction relief has been denied. See Bivins v. State, 735 N.E.2d 1116 (Ind.2000). By this order, the Court DENIES the petition for rehearing in the post-conviction appeal.
ACCORDINGLY, Bivins has received the review to which he is entitled as a matter of right in Indiana state courts. Pursuant to Indiana Criminal Rule 24(H) and Indiana Code § 35-50-2-9, the Court orders that execution of the sentence be set for March 14, 2001, before the hour of sunrise. The prison Superintendent/Warden is directed to carry out the execution in accordance with Indiana law. This order shall constitute the warrant for execution described in Indiana Code §§ 35-38-6-2 & -3, but is subject to any stay issued by a federal court.
The Clerk is directed to send a copy of this order to Gerald Bivins, c/o Indiana State Prison, Michigan City, Indiana; to the Hon. Thomas K. Milligan, Judge, Montgomery Circuit Court; to the Hon. James C. Detamore, Judge, Boon Superior Court; to the Public Defender of Indiana; to the Attorney General of Indiana; to the Warden/Superintendent of the Indiana State Prison; to the Commissioner of the Department of Correction; to Fred R. Biesecker, Counsel to the Governor; and to counsel of record.
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