ILNews

7th Circuit affirms writ of habeas corpus

Back to TopCommentsE-mailPrintBookmark and Share

On remand from the Supreme Court of the United States, the 7th Circuit Court of Appeals affirmed the District Court's conditional grant of the petition for a writ of habeas corpus for a man facing the death penalty.

The SCOTUS found the 7th Circuit was wrong to dispose of Joseph Corcoran's death penalty challenges without any explanation and vacated the December 2008 ruling by the Circuit Court. Corcoran was sentenced to death for killing four people in 1997.

U.S. District Judge Allen Sharp in South Bend overturned Corcoran's death sentence in April 2007 and found the prosecutor inappropriately punished the man by pursuing the death penalty after Corcoran had declined to accept a bench trial and chose to have a jury hear his case.

The District Court granted the petition and ordered the state to re-sentence him within 120 days to anything but death. The 7th Circuit upheld his death sentence in December 2008, ruling the sentence didn't violate his jury trial rights under the Sixth Amendment and that he was competent to waive post-conviction proceedings. The Circuit Court reversed the judge's granting of habeas relief, and ruled that Indiana was at liberty to reinstate the death penalty.

That decision in 2008 omitted discussion of Corcoran's four other challenges he raised in District Court - the Indiana trial court improperly considered non-statutory aggravating circumstances and failed to consider six mitigating circumstances; the state's capital sentencing statute was unconstitutional; the prosecution committed misconduct in closing arguments; and he shouldn't be executed because he suffers from a mental illness.

In Joseph E. Corcoran v. Mark Levenhagen, superintendent, Nos. 07-2093, 07-2182, the Circuit Court examined those four challenges and found all of his remaining habeas challenges are waived and three of those are frivolous. However, the 7th Circuit found Corcoran's challenge regarding the use of non-statutory aggravating circumstances entitled him to a new sentencing hearing.

Corcoran claimed that the Indiana trial court considered non-statutory aggravating circumstances, such as his future dangerousness and his victims' innocence, in contravention of state law. The trial court stated it relied only on proven statutory aggravators, which the Indiana Supreme Court upheld.

The trial court added weight to a statutory aggravator based on the non-statutory aggravators, wrote Judge William J. Bauer.

"And factor weighting is part of factor 'balancing,' the very process in which the trial court disclaimed reliance on non-statutory aggravators," he continued.

The Circuit judges found this to be an unreasonable determination of the facts in light of the trial court's proceedings and warranted habeas relief. The judges also noted Indiana could adopt a rule that would allow them to use non-statutory aggravators in the death sentence selection process.

The trial court must also consider Corcoran's age at the time of the murders as a mitigating factor in order to cure a different fact-finding error by the Indiana Supreme Court. At no time did the trial court offer an explanation for rejecting his age as non-mitigatory, as was required by Indiana law, wrote Judge Bauer.

"Thus, the Indiana Supreme Court's finding of fact, that the trial court 'analyzed' and 'rejected' Corcoran's age in its sentencing order, was obviously in error, because the sentencing order makes no mention of Corcoran's age except to note that Corcoran proffered it as a mitigator," he continued.

In fact, the Indiana Supreme Court failed to cure this oversight by itself in evaluating his age as a mitigator. The state's highest court had weighted his age under an abuse-of-discretion standard instead of the more searching standard required under Indiana law, wrote Judge Bauer.

The Circuit Court modified the order of the District Court's conditional grant for a writ of habeas corpus to grant the writ unless within 120 days the state court holds a new sentencing hearing in accordance with the opinion.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

  2. We are a Finance Industry Company professionals with over 15 Years Experience and a focus on providing Bank Guarantee and Standby Letter of Credit from some of the World Top 25 Prime Banks primarily from Barclays, Deutsche Bank, HSBC,Credit Suisse e.t.c. FEATURES: Amounts from $1 million to 5 Billion+ Euro’s or US Dollars Great Attorney Trust Account Protection Delivered via MT760, MT799 and MT103 Swift with Full Bank Responsibility Brokers Always Protected Purchase Instrument of BG/SBLC : 32%+2% Min Face Value cut = EUR/USD 1M-5B Lease Instrument of BG/SBLC : 4%+2% Min Face Value cut = EUR/USD 1M-5B Interested Agents/Brokers, Investors and Individual proposing international project funding should contact us for directives.We will be glad to share our working procedures with you upon request. We Facilitate Bank instruments SBLC for Lease and Purchase. Whether you are a new startup, medium or large establishment that needs a financial solution to fund/get your project off the ground or business looking for extra capital to expand your operation,our company renders credible and trusted bank guarantee provider who are willing to fund and give financing solutions that suits your specific business needs. We help you secure and issue sblc and bank guarantee for your trade, projects and investment from top AA rated world Banks like HSBC, Barclays, Dutch Ing Bank, Llyods e.t.c because that’s the best and safest strategy for our clients.e.t.c DESCRIPTION OF INSTRUMENTS 1. Instrument: Funds backed Bank Guarantee(BG) ICC-600 2. Currency : USD/EURO 3. Age of Issue: Fresh Cut 4. Term: One year and One day 5. Contract Amount: United State Dollars/Euros (Buyers Face Value) 6. Price : Buy:32%+1, Lease: 4%+2 7. Subsequent tranches: To be mutually agreed between both parties 8. Issuing Bank: Top RATED world banks like HSBC, Barclays, ING Dutch Bank, Llyods e.t.c 9. Delivery Term: Pre advise MT199 or MT799 first. Followed By SWIFT MT760 10. Payment Term: MT799 & Settlement via MT103 11. Hard Copy: By Bank Bonded Courier Interested Agents,Brokers, Investors and Individual proposing international project funding should contact us for directives.We will be glad to share our working procedures with you upon request. Name:Richardson McAnthony Contact Mail : intertekfinance@gmail.com

  3. Affordable Loan Offer (ericloanfinance@hotmail.com) NEED A LOAN?Sometime i really wanna help those in a financial problems.i was wondering why some people talks about inability to get a loan from a bank/company. have you guys ever try Eric Benson lending service.it cost dollars to loan from their company. my aunty from USA,just got a home loan from Eric Benson Lending banking card service.and they gave her a loan of 8,000,000 USD. they give out loan from 100,000 USD - 100,000,000 USD. try it yourself and testimony. have a great day as you try.Kiss & Hug. Contact E-mail: ericloanfinance@hotmail.com

  4. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

  5. For some strange reason this story, like many on this ezine that question the powerful, seems to have been released in two formats. Prior format here: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 That observed, I must note that it is quite refreshing that denizens of the great unwashed (like me) can be allowed to openly question powerful elitists at ICE MILLER who are on the public dole like Selby. Kudos to those at this ezine who understand that they cannot be mere lapdogs to the powerful and corrupt, lest freedom bleed out. If you wonder why the Senator resisted Selby, consider reading the comments here for a theory: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263

ADVERTISEMENT