Joshua Davies' Petition for Post-Conviction Relief Denied
April 15, 2024
On May 3, 2000, while on electronic monitoring for violating his parole, 16-year-old Joshua Davies broke into his next-door-neighbor’s home by cutting a screen and opening a kitchen window. Davies then entered the bedroom of thirteen-year-old Jessica Lyons, hit her on the head with a hammer and attempted to rape her. Lindsay Haston, Jessica’s sister, rushed into the room to stop Davies and Davies hit her in the head with a hammer until she “blacked-out.” Jessica’s father, Rob Lyons, awoke and chased Davies out of the home. Jessica later died from multiple blunt force injuries to her head.
On May 9, 2000, the State charged Joshua Davies with Criminal Confinement, a Class B felony; Rape, a Class A felony; Child Molesting, a Class A felony; Burglary Resulting in Bodily Injury, a Class A felony; Aggravated Battery, a Class B felony; Attempted Murder, a Class A felony; and Murder, a felony. Due to the charges and Davies’ age, the case was filed directly in adult court. On August 31, 2000, the State filed an amended information requesting a death sentence.
On December 27, 2000, Davies signed a plea agreement. Under the terms of the agreement, he agreed to plead guilty to Burglary Resulting in Bodily Injury, a Class A felony; Aggravated Battery, a Class B felony, Murder, a felony, and Criminal Deviate Conduct, a Class A felony. The plea left the sentence open to the trial court ranging from a term of years to Life Without Parole.
A bench trial was held on February 5-6, 2001, in front of Judge Dennis Carroll. Following the presentation of evidence, Judge Carroll found the aggravation outweighed the mitigation and sentenced Davies to an aggregate executed sentence of 108 years. Specifically, the Court sentenced Davies to 26 years for Criminal Deviate Conduct, a Class A felony, 62 years for Murder, a felony, and 20 years for Burglary Resulting in Bodily Injury, a Class A felony. Each of the sentences were ordered served consecutive to each other at the Indiana Department of Correction.
The sentence was affirmed on appeal on November 28, 2001 in Davies v. State, 758 N.E.2d 981 (Ind. Ct. App. 2001).
On June 25, 2014, Davies filed a pro se Petition for Post-Conviction Relief. The Public Defender’s Office entered its appearance on behalf of Davies on July 24, 2014. On August 5, 2022, Davies’ post-conviction counsel filed an Amended Post-Conviction Petition alleging: (1) the plea was not entered into a knowing, intelligent and voluntary manner, (2) trial counsel was ineffective; (3) appellate counsel was ineffective; (4) Davies’ de facto life without parole sentence violates the federal and state constitutions; (5) there is newly discovered evidence based on advances in developmental psychology and neuroscience, and (6) Davies’ sentence is inappropriate due to significant changes in the legal landscape since imposition of his sentence. On August 21, 2023, Davies filed an additional claim that Davies’ sentence violates the prohibition against Cruel and Unusual Punishment.
An evidentiary hearing was held on the Petition for Post-Conviction Relief on September 8, 2023, where Davies and the State of Indiana presented evidence. Judge Angela Warner Sims, special judge, issued Findings of Fact and Conclusions of Law on April 12, 2024. Therein, Judge Sims denied all of Davies claims, concluding:
- Petitioner’s guilty plea was knowing and voluntary. Petitioner has failed to carry his burden and relief is DENIED.
- Petitioner has failed to carry his burden to prove ineffectiveness of trial or appellate counsel, and his claims for relief are DENIED.
- Petitioner’s claims pertaining to the appropriateness of his sentence are barred by the doctrine of res judicata. However, even if the court was permitted to consider them, for the reasons stated herein, the court cannot find that Petitioner’s sentence is inappropriate under current Indiana Appellate Rule 7(B).
- Petitioner’s sentence is not cruel and unusual punishment, not does his continued incarceration violate Ind. Const., Art. 1, s. 18. Petitioner’s claims for relief under those two constitutional provisions are DENIED.
Madison County Prosecutor's Office News
A Madison County Circuit Court 6 jury found Demond White (52 of Anderson) guilty of Dealing in Methamphetamine, a Level 2 felony, and the Habitual Offender Enhancement following a three-day jury trial. Judge Mark Dudley set White's sentencing for July 18, 2025, at 8:15 am where he faces a maximum sentence of fifty (50) years. At trial, the State's case was presented by Deputy Prosecutors Matt Savage and Jen Haley. The case was investigated by Det. LeeAnn Dwiggins of the Madison County Sheriff's Department and Det. Lance Blossum of the Anderson Police Department.
A Madison County Circuit Court 4 jury found Russell Elliott (63 of Alexandria) guilty of Intimidation, a Level 6 felony, and Battery by Bodily Waste, a Class A misdemeanor. Judge David Happe set Elliott's sentencing for Tuesday, June 3, 2025, where he faces a maximum possible sentence of 2.5 years. At trial, the State's case was presented by Deputy Prosecutors Tyler Piraino and Grainne Kao. The case was investigated by Officer Callahan Baxter of the Alexandria Police Department.
Following a four-day jury trial, a Madison County Circuit Court 3 jury found Kenneth Myers (50 of Markleville) guilty of four counts of Child Molesting, as Level 4 felonies. Judge Andrew Hopper set Myers' sentencing for June 11, 2025, at 8:30 am where he faces a sentence of 8 to 48 years. At trial, the State's case was presented by Deputy Prosecutors Dan Kopp and Jack Slay. The case was investigated by Detective Tom Naselroad of the Madison County Sheriff's Department.
Ross Morelock received an aggregate sentence of seventy-five (75) years to be served at the Indiana Department of Correction. Morelock was convicted last month following a three (3) day jury trial of the Attempted Murder of Pendleton Police Officer Jerry Branson. Judge David Happe sentenced Morelock to forty (40) years for Attempted Murder, a Level 1 felony, twelve (12) years for Possession of Cocaine or a Narcotic Drug, a Level 3 felony, and nine (9) years for Possession of a Firearm by a Serious Violent Felon, a Level 4 felony, with the sentences being served concurrently for a total of forty (40) years. That sentence was enhanced by a period of 17.5 years for the Felony Firearm Enhancement and an additional 17.5 years for the Habitual Offender Enhancement for a total, aggregate sentence of seventy-five (75) years to be served at the Indiana Department of Correction. At trial, the State's case was presented by Chief Deputy Prosecutor Andrew Hanna and Deputy Prosecutor Tyler Piraino. The case was investigated by Detective Brett Webb of the Anderson Police Department. Around 2:30 pm on May 7, 2024, Officer Jerry Branson of the Pendleton Police Department was driving on the north side of Anderson attempting to locate a driver from a recent accident that occurred on Interstate 69. Police officers employed by a municipality have law enforcement authority anywhere in the State of Indiana. See, e.g., Manley v. State , 410 N.E.2d 1338, 1340 (Ind. Ct. App. 1980). Indeed, it is often necessary for local law enforcement officers to leave town, city, or county limits during an investigation. Another officer notified Officer Branson that the driver had been located. Officer Branson was returning to Pendleton when he observed a black Mercedes sedan that matched the license plate number of a vehicle of interest from a separate Pendleton Police Department investigation from May 1, 2024. At 2:31 pm on May 7, 2024, Officer Jerry Branson initiated a traffic stop of the black Mercedes sedan at Broadway St. and W. School St. in Anderson, Indiana. At the time of the traffic stop, Officer Branson was wearing a distinctive uniform and was driving a clearly marked police vehicle. The vehicle pulled into the GetGo gas station at 2500 Broadway St. The traffic stop was captured on video from three separate sources: a security camera from the GetGo gas station, a dash-mounted camera on the Pendleton Police vehicle, and Officer Branson’s body-worn camera. Officer Branson exited his police vehicle and approached the black Mercedes sedan. The vehicle was occupied by two individuals, Amelia Peters, 23, of Anderson, who was in the driver’s seat, and Ross Morelock, 39, of Anderson, who was in the front passenger seat. Both individuals were persons of interest from the May 1 st investigation, although Morelock denied he had identification and provided Officer Branson with a false name and date of birth. At the time of the incident, Morelock also had three active warrants for his arrest, one in Madison County for Nonsupport of a Dependent Child, a Level 6 felony, and two warrants from Fayette County for Dealing in Methamphetamine, a Level 2 felony, and Dealing in Methamphetamine, a Level 4 felony. After confirming Peters was one of the individuals he was looking for, Officer Branson asked Peters to exit the vehicle and detained her in handcuffs. Officer Branson radioed dispatch to advise that he had a subject detained and requested additional units respond to the scene. While waiting for backup, Officer Branson remained near the driver’s side door of the vehicle with Peters to maintain visual contact of Morelock, who remained seated in the front passenger seat of the black Mercedes sedan. During the course of the traffic stop, Officer Branson gave three separate loud, verbal commands to Morelock to keep his hands where he could see them. When Morelock continued to make furtive movements with his hands, Officer Branson gave two additional loud, verbal commands to Morelock to place his hands on the dashboard. When Morelock again disobeyed those commands, Officer Branson drew his department-issued handgun and pointed it at Morelock just before Morelock produced a handgun and pointed it at Officer Branson. Officer Branson pushed Peters to the ground for her safety and attempted to discharge his department-issued handgun at Morelock, but the firearm malfunctioned, and he was unable to do. Officer Branson cleared his firearm and reengaged Morelock. A 10-second-long exchange of gunfire ensued where Officer Branson fired four rounds and Morelock fired six rounds. Morelock fired five rounds at Officer Branson, one of which grazed Officer Branson’s shoulder leaving an approximately 1-inch-long surface wound and punctured a hole through his uniform shirt. Morelock exited the passenger side door of the vehicle and placed his handgun under his chin in an upward direction and shot himself in the head. Officer Branson was treated at Community Hospital Anderson and was released the same day. Morelock was transported by ambulance to a hospital in Indianapolis where and was released approximately one month later. The only injury to Morelock was a single self-inflicted gunshot wound to the head. On May 13, 2024, the Madison County Prosecutor's Office determined Officer Branson's use of force was justified. A jury trial was conducted between March 10-13th. Following twenty minutes of deliberation, a Madison County Circuit Court 4 jury found Ross Morelock guilty of Attempted Murder, a Level 1 felony, Possession of Cocaine or a Narcotic Drug, a Level 3 felony, and Possession of a Firearm by a Serious Violent Felon, a Level 4 felony
A Madison County Circuit Court 4 jury found Ross Morelock (40 of Anderson) guilty of the Attempted Murder of Pendleton Police Officer Jerry Branson. The jury also found Morelock guilty of Possession of Cocaine or a Narcotic Drug, a Level 3 felony, and Possession of a Firearm by a Serious Violent Felon, a Level 4 felony. Following the jury's verdict, Morelock pleaded guilty to the Habitual Offender Enhancement and the Felony Firearm Enhancement. Judge David Happe set Morelock's sentencing for Tuesday, April 15th at 9:00 am. Morelock faces a maximum possible sentence of eighty (80) years. At trial, the State's case was presented by Chief Deputy Prosecutor Andrew Hanna and Deputy Prosecutor Tyler Piraino. The case was investigated by Detective Brett Webb of the Anderson Police Department. Around 2:30 pm on May 7, 2024, Officer Jerry Branson of the Pendleton Police Department was driving on the north side of Anderson attempting to locate a driver from a recent accident that occurred on Interstate 69. Police officers employed by a municipality have law enforcement authority anywhere in the State of Indiana. See, e.g., Manley v. State , 410 N.E.2d 1338, 1340 (Ind. Ct. App. 1980). Indeed, it is often necessary for local law enforcement officers to leave town, city, or county limits during an investigation. Another officer notified Officer Branson that the driver had been located. Officer Branson was returning to Pendleton when he observed a black Mercedes sedan that matched the license plate number of a vehicle of interest from a separate Pendleton Police Department investigation from May 1, 2024. At 2:31 pm on May 7, 2024, Officer Jerry Branson initiated a traffic stop of the black Mercedes sedan at Broadway St. and W. School St. in Anderson, Indiana. At the time of the traffic stop, Officer Branson was wearing a distinctive uniform and was driving a clearly marked police vehicle. The vehicle pulled into the GetGo gas station at 2500 Broadway St. The traffic stop was captured on video from three separate sources: a security camera from the GetGo gas station, a dash-mounted camera on the Pendleton Police vehicle, and Officer Branson’s body-worn camera. Officer Branson exited his police vehicle and approached the black Mercedes sedan. The vehicle was occupied by two individuals, Amelia Peters, 23, of Anderson, who was in the driver’s seat, and Ross Morelock, 39, of Anderson, who was in the front passenger seat. Both individuals were persons of interest from the May 1 st investigation, although Morelock denied he had identification and provided Officer Branson with a false name and date of birth. At the time of the incident, Morelock also had three active warrants for his arrest, one in Madison County for Nonsupport of a Dependent Child, a Level 6 felony, and two warrants from Fayette County for Dealing in Methamphetamine, a Level 2 felony, and Dealing in Methamphetamine, a Level 4 felony. After confirming Peters was one of the individuals he was looking for, Officer Branson asked Peters to exit the vehicle and detained her in handcuffs. Officer Branson radioed dispatch to advise that he had a subject detained and requested additional units respond to the scene. While waiting for backup, Officer Branson remained near the driver’s side door of the vehicle with Peters to maintain visual contact of Morelock, who remained seated in the front passenger seat of the black Mercedes sedan. During the course of the traffic stop, Officer Branson gave three separate loud, verbal commands to Morelock to keep his hands where he could see them. When Morelock continued to make furtive movements with his hands, Officer Branson gave two additional loud, verbal commands to Morelock to place his hands on the dashboard. When Morelock again disobeyed those commands, Officer Branson drew his department-issued handgun and pointed it at Morelock just before Morelock produced a handgun and pointed it at Officer Branson. Officer Branson pushed Peters to the ground for her safety and attempted to discharge his department-issued handgun at Morelock, but the firearm malfunctioned, and he was unable to do. Officer Branson cleared his firearm and reengaged Morelock. A 10-second-long exchange of gunfire ensued where Officer Branson fired four rounds and Morelock fired six rounds. Morelock fired five rounds at Officer Branson, one of which grazed Officer Branson’s shoulder leaving an approximately 1-inch-long surface wound and punctured a hole through his uniform shirt. Morelock exited the passenger side door of the vehicle and placed his handgun under his chin in an upward direction and shot himself in the head. Officer Branson was treated at Community Hospital Anderson and was released the same day. Morelock was transported by ambulance to a hospital in Indianapolis where and was released approximately one month later. The only injury to Morelock was a single self-inflicted gunshot wound to the head. On May 13, 2024, the Madison County Prosecutor's Office determined Officer Branson's use of force was justified. A jury trial was conducted between March 10-13th. Following twenty minutes of deliberation, a Madison County Circuit Court 4 jury found Ross Morelock guilty of Attempted Murder, a Level 1 felony, Possession of Cocaine or a Narcotic Drug, a Level 3 felony, and Possession of a Firearm by a Serious Violent Felon, a Level 4 felony.
