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3 judges dissent on rehearing denial in stun belt case

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The full 7th Circuit Court of Appeals has decided to not rehear an Indiana case about a convicted murder’s ineffective assistance of trial counsel claims relating to a stun belt used in court, though three judges disagreed and felt the northern Indiana federal judge’s decision should be upheld.

An order came from the 7th Circuit today in John M. Stephenson v. Bill Wilson, superintendent of Indiana State Prison, No. 09-2924, with three dissenting judges writing about their disagreement in denying a rehearing en banc request. Judge Ilana Diamond Rovner wrote a 20-page dissent, which included a page of photos from news video depicting the man’s stun belt during trial. Judges David Hamilton and Ann Williams joined the dissent, essentially challenging the Supreme Court of the United States to consider taking the case if a certiorari request is made.

In August, a three-judge panel – led by authoring Judge Richard Posner - reversed a 2009 ruling from U.S. Judge Theresa Springmann in the Northern District of Indiana that Stephenson didn’t receive ineffective assistance of counsel during trial.

Stephenson was convicted by a jury in 1997 for three murders and sentenced to death. Four jurors later said in affidavits they were aware Stephenson was wearing a stun belt. After he unsuccessfully appealed to the SCOTUS, Stephenson filed a writ of federal habeas corpus and Judge Springmann tossed out his capital sentence on the stun belt claim, but didn’t rule on other issues he raised.

The 7th Circuit last year ordered the District judge to reconsider her ruling, finding that the question of prejudice from the stun belt wearing at the penalty hearing requires more consideration. Stephenson filed a petition for rehearing en banc in September, and now a majority of the judges are denying that.

But Judge Rovner found that the majority’s analysis overlooks “the inherent unquantifiable prejudice of a visible restraint” and that the rationale is otherwise inconsistent with SCOTUS precedent on this subject.

“Although the Supreme Court’s cases on restraints have dealt with shackles rather than stun belts, there is no reason to think the Court would treat a visible stun belt any differently than other types of visible restraints,” Judge Rovner wrote.

She stated that the panel decision’s analysis began on the wrong foot in failing to acknowledge that inherent prejudice of a visible restraint, and that SCOTUS precedent must be applied starting with that recognition.

Judge Rovner wrote that she doesn’t doubt the evidence against Stephenson was sufficient to convict him, but both the inherently prejudicial nature of a visible restraint and the lack of overwhelming evidence establishing his guilt show that he’s established a “better than negligible probability that he might have been acquitted had he not been noticeably restrained.”

Stephenson is entitled to a new trial as the District judge concluded, but Judge Rovner wrote that the panel’s conclusion that his claim fails because more concrete proof of the stun belt impact is not consistent with higher caselaw. The panel’s decision to remand on the penalty phase aspect isn’t adequate, she wrote.

“But whatever relief Stephenson might obtain as to the penalty phase will not address the prejudice he experienced vis-à-vis the jury’s assessment of his guilt,” Judge Rovner wrote. “The proper course would be for this court to affirm the district court’s decision.”
 

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  • The King's Court
    Forcing a defendant to wear a stun belt, in court or otherwise, is a violation of american principles! It is also unconstitutional!

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  1. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  2. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  3. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  4. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  5. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

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