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Judge again finds death row inmate competent

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A federal judge in Indianapolis has found that a death row inmate is competent to assist his attorneys and proceed with a five-year-old habeas appeal that's been stayed twice because of mental health concerns.

The ruling Tuesday from U.S. Judge Larry J. McKinney clears the way for habeas proceedings against condemned inmate Eric Holmes, who was sentenced to die in 1992 by Special Judge Cynthia Emkes for the 1989 double murder and robbery of his former managers at Shoney's Restaurant in Castleton.

After exhausting his appeals in state courts, Holmes in 2004 filed a habeas corpus petition in the Southern District of Indiana, which denied the writ request that year. But Holmes appealed based on grounds that he wasn't competent, and the 7th Circuit twice remanded the question to the trial level to determine that issue. The second remand was October 2007 and now Judge McKinney has again determined Holmes is competent to proceed with the habeas appeal.

Citing other civil actions Holmes has filed and testimony he's given showing an understanding of his legal position, as well as how Holmes' counsel hasn't outlined how the client would need to assist them, Judge McKinney determined that Holmes "does not experience symptoms or cognitive condition which affect his ability to provide such assistance to counsel as is necessary to enable the claim to habeas corpus relief to be prosecuted adequately by his counsel in the pending appeal."

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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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