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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. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  2. I agree. My husband has almost the exact same situation. Age states and all.

  3. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  4. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  5. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

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