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:

 

  1. Petitioner’s guilty plea was knowing and voluntary. Petitioner has failed to carry his burden and relief is DENIED.
  2. Petitioner has failed to carry his burden to prove ineffectiveness of trial or appellate counsel, and his claims for relief are DENIED.
  3. 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).
  4. 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

Rashawn Samuels and Jo'Majze Larry Found Guilty of Murder and Related Charges

June 30, 2026
On June 29, 2026, following a six-day jury trial, a Madison County Circuit Court 4 jury found joint co-defendants Rashawn Samuels (19 of Anderson) and Jo'Majze Larry (15 of Anderson) guilty of the following offenses related to the February 2, 2025 shooting death of 26-year-old Dayla Swain outside Sonny Ray's in Anderson: Rashawn Samuels: Count I: Aiding, Inducing, or Causing Murder, a felony; Count II: Attempted Murder, a Level 1 felony; Count III: Conspiracy to Commit Murder, a Level 2 felony; Count IV: Criminal Organization Activity, a Level 5 felony; Jo'Majze Larry: Count I: Murder, a felony; Count II: Attempted Murder, a Level 1 felony; Count III: Conspiracy to Commit Murder, a Level 2 felony; Count IV: Criminal Organization Activity, a Level 5 felony; and Count V: Dangerous Possession of a Firearm, a Class A misdemeanor. Following the jury's verdict, both Samuels and Larry admitted to the Criminal Organization Enhancement. Judge David Happe set Larry's sentencing for July 29, 2026 at 9:00 am and Samuels' sentencing for July 30, 2026 at 9:00 am each faces a maximum possible sentence of 176 years. The State's case was presented by Deputy Prosecutors Tyler Piraino and Jesse Miller. The case was investigated by Det. Brett Webb and Det. Cora Garcia of the Anderson Police Department.

Douglas White Sentenced to 32 Years for Sexual Misconduct with a Minor and Habitual Enhancement

June 15, 2026
On Tuesday, June 15, 2026, Judge Angela Warner Sims sentenced Douglas White (58) to a sentence of 32 years, to be executed at the Indiana Department of Correction. On April 16, 2026, a Madison County Circuit 1 jury found White guilty of Sexual Misconduct with a Minor, a Level 4 Felony. Thereafter, White pleaded guilty to the Habitual Offender Sentencing Enhancement. Judge Warner Sims imposed the maximum sentence of 12 years for Sexual Misconduct with a Minor and enhanced the sentence by an additional 20 years for the Habitual Offender Sentencing Enhancement. The State’s case was presented by Deputy Prosecutor Jack Slay and Deputy Prosecutor Matt Savage. The case was investigated by Detective Chris Burton of the Anderson Police Department.

Donavan Harris Convicted of Felony Murder

June 4, 2026
On June 3, 2026, a Madison County Circuit Court 1 jury found Donavan Harris (20 of Anderson) guilty of Count I: Murder, a felony; Count II: Attempted Armed Robbery, a Level 3 felony; and Count III: Criminal Confinement, a level 3 felony. Following the jury's verdict, Judge Angela Warner Sims scheduled Harris' sentencing for July 7, 2026, where he faces a maximum possible sentence of 65 years. Harris' charges stem from the shooting death of 15-year-old Jullian D. Craig, who was killed during the commission of an attempted armed robbery on November 24, 2023. The evidence presented at trial proved that Craig was armed with a handgun lying in the backseat of a vehicle driven by Harris, when the pair lured a subject into the vehicle with the promise of paying a debt owed. During an altercation inside the vehicle, the victim of the attempted robbery shot and killed Craig in self-defense. Under the doctrine of "Felony Murder", when someone commits or attempts to commit certain serious felonies, such as robbery, and a death results during the commission of that crime, the participants can be held responsible for the death. The law recognizes that some crimes are so inherently dangerous that those who choose to commit them should be held accountable for the foreseeable consequences thereof, including the loss of human life. At trial, the State's case was presented by Deputy Prosecutors Jennifer Haley and Samanthan Green. The case was investigated by Officer Travis Thompson, formerly of the Anderson Police Department, now employed by the Pendleton Police Department.

Dayqawn Peoples Sentenced to 75 Years for Dealing Resulting in Death and Other Offenses

June 3, 2026
On Tuesday, June 2, 2026, Judge David Happe sentenced Dayqawn Peoples (33 of Anderson) to an aggregate sentence of 75 years. On April 17, 2026, a Madison County Circuit 4 jury found Peoples guilty of Dealing in a Controlled Substance Resulting in Death, a Level 1 felony, Dealing in a Narcotic Drug, a Level 2 felony, and Unlawful Possession of a Firearm by a Serious Violent Felon, a Level 4 felony. Judge Happe imposed a sentence of 40 years for Dealing in a Controlled Substance Resulting in Death, a Level 1 felony, 25 years for Dealing in a Narcotic Drug, a Level 2 felony, and 10 years for Unlawful Possession of a Firearm by a Serious Violent Felon, a Level 4 felony, all to be served consecutively at the Indiana Department of Correction for a total aggregate sentence of 75 years. The charges stem from the January 22, 2025 overdose death of Morgan Whetsel. As part of the investigation, police executed a search warrant at Peoples' residence and located approximately two pounds of Heroin and a 45 caliber Glock handgun with a loaded high capacity drum magazine. The investigation also revealed evidence that Peoples had previously distributed over four pounds of Heroin. At trial, the State's case was presented by Deputy Prosecutors Jesse Miller and Tyler Piraino. The case was investigated by Detective Lance Blossom of the Anderson Police Department. Peoples criminal history was considered as an aggravator at sentencing, which includes the following convictions: 2012: Possession of Cocaine, a Class B felony; 2012: Carrying a Handgun Without a License, a Class A misdemeanor; 2013: Resisting Law Enforcement, a Class A misdemeanor; 2013: Possession of Marijuana, a Class A misdemeanor; 2013: Possession of a Controlled Substance, a Class D felony; 2013: Dealing in Cocaine, a Class B felony; 2013: Armed Robbery, a Class B felony; 2013: Resisting Law Enforcement, a Class A misdemeanor; 2014: Dealing in Cocaine, a Class B felony; 2014: Dealing in Cocaine, a Class B felony; and 2014: Dealing in Cocaine, a Class B felony.

Kyree Craver Found Guilty of Murder and Criminal Organization Enhancement

May 18, 2026
On Monday, May 18, 2026, following a five-day trial, a Madison County Circuit Court 4 jury found Kyree Craver (19 of Anderson) guilty of the following offenses: Count 1: Aiding, Inducing, or Causing Murder, a felony; Count 2: Attempted Murder, a Level 1 felony; Count 3: Conspiracy to Commit Murder, a Level 2 felony; Count 4: Dangerous Possession of a Firearm, a Class A misdemeanor; Count 5: Criminal Organization Activity, a Level 5 felony; and Count 6: Criminal Organization Enhancement. Craver's charges stem from the February 2, 2025 shooting death of 26-year-old Dayla Swain outside of Sonny Ray's in Anderson. Judge David Happe set Craver's sentencing for June 23, 2026, where he faces a maximum possible sentence of 176 years. The case was investigated by Det. Brett Webb of the Anderson Police Department. The State's case was presented by Deputy Prosecutors Tyler Piraino and Jesse Miller.
More Posts