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7th Circuit sends Corcoran case back to trial court

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Following a remand from the United States Supreme Court in late 2010, the 7th Circuit Court of Appeals admitted it made mistakes in its recent decision involving a convicted murderer’s appeal and sent the case to the District Court to address habeas relief claims.

This is the second time this case has been considered by the U.S. Supreme Court, and both times the justices reversed the 7th Circuit’s holding. The first time the case made it before the nation’s highest court, the justices vacated the 7th Circuit’s order that the District Court deny the writ for habeas relief, writing that the 7th Circuit should have allowed the District Court to consider Joseph Corcoran’s unresolved challenges to his death sentence on remand.

In the per curiam decision released Thursday in Joseph E. Corcoran v. Bill Wilson, superintendent, Nos. 07-2093, 07-2182, the 7th Circuit admitted to making “two critical misjudgments” – one procedural and one substantive. The procedural mistake was taking up Corcoran’s challenges for habeas relief that weren’t addressed earlier by the District Court instead of sending the case back to the lower court to address them. The District Court considered only two of Corcoran’s claims for relief and held the state courts had reasonably concluded Corcoran was competent to waive his state post-conviction remedies. The District Court also held the prosecutor violated the Sixth Amendment by offering to forgo the death penalty if Corcoran would waive his right to a jury trial. It granted habeas relief on the Sixth Amendment claim and ordered Corcoran re-sentenced to anything but to death.

The judges said this procedural misstep led to the substantive error, which the U.S. Supreme Court pointed out in its November 2010 decision: Federal courts can’t issue any writ of habeas corpus to state prisoners whose confinements don’t violate U.S. law.

Corcoran was convicted of killing four men in 1997 and was sentenced to death. He appealed and initially waived state post-conviction relief after he was found competent to forego further challenges to his sentence. He later changed his mind and tried to file for a petition for post-conviction relief, and that’s when the case moved to federal court.

The Circuit Court reinstated and incorporated by reference its earlier opinion in Corcoran v. Buss to the extent that it reversed the District Court’s judgment granting habeas relief on the basis of the claimed Sixth Amendment violation; and it affirmed the District Court’s conclusion that the Indiana courts did not mishandle the issue of Corcoran’s competence to waive post-conviction remedies. The court also reinstated Judge Ann Claire Williams’ dissent regarding the competency issue.

The case will now be before U.S. Judge Jon DeGuilio, who replaced the late Judge Allen Sharp, to address Corcoran’s remaining grounds for habeas relief.

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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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