Court denies post-conviction relief for convicted murderer

Ken de la Bastide, The Herald Bulletin, Anderson, Ind.
·2 min read
  • Oops!
    Something went wrong.
    Please try again later.

Apr. 16—ANDERSON — The request filed by Joshua Davies, convicted in the 2000 death of Jessica Lyons, for post-conviction relief has been denied.

Madison Circuit Court Division 1 Judge Angela Warner Sims on Friday denied Davies' motion that his guilty plea was involuntary; that counsel was ineffective; and that the sentence was cruel and unusual punishment.

Davies was sentenced to 108 years in prison for the killing of 13-year-old Lyons by striking her 11 times with a hammer and attacking her sister with the hammer on May 3, 2000, while wearing an electronic monitor.

Davies appeared in Madison Circuit Court Division 1 last year for a post-conviction relief hearing in an attempt to reduce the sentence.

The courtroom was packed with family and friends of the Lyons family.

"We shouldn't be going through this again," Rob Lyons said at the time. "We shouldn't be here."

Davies pled guilty on Dec. 27, 2000, to charges of murder, burglary, criminal deviate conduct and aggravated battery.

Davies said he didn't want to plead guilty because it contained a life without parole sentence, which was eventually removed.

"I wouldn't have pled guilty," he said not realizing no evidence would be presented at the sentencing hearing.

Davies said he was told by his attorneys he couldn't testify at the sentencing hearing.

Deputy prosecutor Jesse Miller had Davies read the transcript of the sentencing hearing where both Long and Judge Dennis Carroll said he could testify.

"You still decided not to testify?" Miller asked. Davies answered, "Yes."

Miller asked Davies if he hit Lyons in the head with a hammer and performed a sex act, to which Davies said yes.

In the petition for post-conviction relief, Davies' attorneys contended he was denied effective legal representation and that the 108-year sentence in reality is a life sentence without parole.

During his sentencing, Davies maintained he didn't intentionally kill Lyons.

Follow Ken de la Bastide on Twitter @KendelaBastide, or call 765-640-4863.