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7th Circuit affirms writ of habeas corpus

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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.

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. 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

  3. 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.

  4. 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?

  5. 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

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