EXECUTED BY LETHAL INJECTION 01-29-98 AT 12:27 AM


DOB: 03-03-1950 DOC#: 30636 White Male

Sullivan County Circuit Court
Judge P. J. Pierson


Prosecutor: Robert E. Springer

Defense: William G. Smock, Joseph K. Etling

Date of Murder: June 30, 1995

Victim(s): Michael Wedmore W/M/33 (Fellow DOC inmate)

Method of Murder: stabbing with homemade knife 37 times

Summary: Smith, serving a 38 year sentence for Battery, was an inmate at the Indiana DOC, Wabash Correctional Institution in Sullivan County. Along with inmate Lunsford, Smith stabbed inmate Michael Wedmore 37 times with a sharpened putty knife. The attack was witnessed by correctional officers. Both Smith and Lunsford surrendered immediately, turning over the murder weapons. Smith proceeded pro-se, pled guilty, and agreed to a Death Sentence. The Court nevertheless appointed standby counsel who raised competency as an issue. At the guilty plea hearing, Smith stated, "I'm telling the court that the next person I go at won't be a baby killer, it will be a state employee and I will butcher him." (Wedmore was serving a 60 year sentence for the murder of his girlfriend's 2 year old child in Hamilton County) Smith continued pro-se on appeal, continuing to assert a desire to be executed. The Indiana Supreme Court appointed standby counsel as Amicus.

Trial: Information filed/PC Hearing for Murder (06-31-95); Amended Information for DP filed (07-28-95); Motion for speedy Trial (11-07-95); Plea Hearing (03-06-95); Competency Hearing (05-15-95); Defendant Demand to Proceed Pro Se (05-20-96, 06-04-96, 06-26-96); Plea Agreement filed (06-26-96); Defense Attorneys file Motion to Reject Plea (07-12-96); Plea Accepted/Sentencing (07-12-96).

Conviction: Pled guilty to Murder by Plea Agreement requiring Death Sentence.

Sentencing: July 12, 1996 (Death Sentence)

Aggravating Circumstances: b(9) In Custody of DOC

Mitigating Circumstances: None

Direct Appeal:
Robert Smith v. State, 686 N.E.2d 1264 (Ind. October 23, 1997)
Conviction Affirmed 5-0 DP Affirmed 5-0
Shepard Opinion; Dickson, Sullivan, Selby, Boehm concur.

SMITH PLED GUILTY, WAIVED ALL APPEALS, AND WAS EXECUTED BY LETHAL INJECTION ON 01-29-98 AT 12:27 AM EST. HE WAS THE 77TH CONVICTED MURDERER EXECUTED IN INDIANA SINCE 1900 AND THE 7TH SINCE THE DEATH PENALTY WAS REINSTATED IN 1977.