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US Supreme Court rejects appeal in rape, murder case in Indianapolis

(AP Photo/J. Scott Applewhite)

INDIANAPOLIS (WISH) — In March 2014, 21-year-old Shannon Kleeman was found dead in the basement of her step-mother’s home in the 600 block of Linwood Avenue.

According to court documents, she had been shot in the head at close range with a twelve-gauge shotgun. Her shirt was torn, her pants and underwear had been removed. Her body showed signs of rape, her hand mostly missing in a sign of self-defense.

The shotgun belonged to Kleeman’s mother. It was never found.

Police arrested Kleeman’s 52-year-old neighbor, Morice Ervin, in June 2014 on murder and rape charges. Ervin’s DNA was found on Kleeman’s body and under her fingernails.

That same year a judge found Ervin guilty of both counts. In 2015 he was found to be a habitual offender and sentenced to 135 years in prison.

Police say that Ervin lived in a neighboring home when the murder took place.

Today the US Supreme Court said it will not hear the appeal of the maximum sentence Ervin received in 2015.

Among other reasons cited for appeal, Ervin said he received inadequate representation:

“Wherefore, petitioner respectively request that court find Mr. Jaffe ineffective due to performance fail below the prongs of Washington v. Strickland, and reverse count I murder with prejudice, vacate the habitual and remand count II resentencing to reflect consensual instead of forcible rape. The rape must be reducing and the murder be reversed and habitual vacated for it constitute to be vindictive in sentencing, due to petitioner was given the maximum on all charges, a sentence for a term of years beyond defendant’s life expectancy which violates the “Statutory Scheme” [United State v. Grimes, 142 F. 3d 1342 N. 12].”