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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. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

  2. The Indiana DOE released the 2015-2016 school grades in Dec 2016 and my local elementary school is a "C" grade school. Look at the MCCSC boundary maps and how all of the most affluent neighborhoods have the best performance. It is no surprise that obtaining residency in the "A" school boundaries cost 1.5 to 3 times as much. As a parent I should have more options than my "C" school without needing to pay the premium to live in the affluent parts of town. If the charter were authorized by a non-religious school the plaintiffs would still be against it because it would still be taking per-pupil money from them. They are hiding behind the guise of religion as a basis for their argument when this is clearly all about money and nothing else.

  3. This is a horrible headline. The article is about challenging the ability of Grace College to serve as an authorizer. 7 Oaks is not a religiously affiliated school

  4. Congratulations to Judge Carmichael for making it to the final three! She is an outstanding Judge and the people of Indiana will benefit tremendously if/when she is chosen.

  5. The headline change to from "religious" to "religious-affiliated" is still inaccurate and terribly misleading.

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