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7th Circuit: Courts wrongfully denied re-litigation

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Finding Indiana state and District courts erred in denying a convicted killer the chance to re-litigate his claim for relief from execution because he is mentally retarded, the 7th Circuit Court of Appeals vacated the District Court's denial of the man's habeas petition.

Ever since Howard Allen Jr.'s conviction and death sentence in 1988, he has petitioned the state courts to consider his claim that he is mentally retarded and can't be executed. The trial court considered his mental retardation as a mitigating factor, but found it didn't outweigh the aggravating circumstances and upheld the death sentence. The Indiana Supreme Court held the 1994 state law banning the execution of the mentally retarded wasn't retroactive and didn't apply to Allen.

After the Supreme Court of the United States issued Atkins v. Virginia, 536 U.S. 304 (2002), Allen sought relief, but the Indiana Supreme Court determined because he had already litigated his claim that he was mentally retarded as a mitigating circumstance, he couldn't re-litigate his Atkins claim. The District Court denied Allen's habeas petition without a hearing in 2006, concluding that caselaw didn't entitle Allen to habeas relief.

In Howard A. Allen Jr. v. United States of America, No. 07-2486, the 7th Circuit found the state's Supreme Court decision that Allen couldn't re-litigate his claim under Atkins was contrary to the SCOTUS holding, which recognized a difference between using mental retardation as a mitigating factor and categorically excluding mentally retarded persons from the death penalty, wrote Judge Ann Claire Williams.

In addition, because the state courts never considered Allen's evidence using the proper Atkins inquiry, it is "objectively unreasonable to conclude that Allen had a 'full and fair' hearing on his Atkins claim," she wrote.

On remand, the 7th Circuit ordered the District Court to give Allen a chance to develop the factual basis of his claim and present it at an evidentiary hearing. Then the court must determine, using Indiana's standard for mental retardation, whether Allen is entitled to relief under Atkins.

The federal appellate judges also considered Allen's arguments pursuant to Eddings v. Oklahoma, 455 U.S. 104 (1982), that he should have received a new penalty phase hearing before a jury and that the sentencing court ignored some of his mitigating evidence; and that his statements were taken in violation of Miranda v. Arizona, 384 U.S. 436 (1966). The 7th Circuit affirmed the judgment of the District Court on these arguments because the federal appellate court is constrained by the Indiana Supreme Court's findings that the trial court considered the evidence, and because Allen failed to establish the state court's adjudication of his Miranda claims resulted in a decision contrary to SCOTUS precedent.

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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