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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. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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