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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

ADVERTISEMENT