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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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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