ILNews

Court puts death penalty case on hold

Back to TopCommentsE-mailPrint

The 7th Circuit Court of Appeals has reversed an Indianapolis judge's decision on a death penalty case, putting a condemned convict's death penalty appeal on hold indefinitely because of his current mental state.

In the latest stage of a long-running federal appeal on Eric D. Holmes v. Mark E. Levenhagen, Nos. 04-3549 and 06-2905, the three-judge appellate panel reversed a decision from U.S. Judge Larry McKinney in the Southern District of Indiana. The case involves the man convicted of killing two of his managers at an Indianapolis Shoney's restaurant hours after his firing in 1989. A state judge sentenced him in 1993, and his federal appeals have been ongoing for nearly a decade. The 7th Circuit remanded the case to Judge McKinney to determine the competency issue, of which the appellate panel found his examination was inadequate.

In today's ruling, the 7th Circuit was again unpursuaded by Judge McKinney's examination of the competency issue as it relates to expert psychiatric reports received. In one instance, authoring U.S. Judge Richard Posner wrote about being "troubled" by the District judge's evaluation that seems to have given weight to one expert more than another. The accuracy of his decision that Holmes is competent for the proceedings is in question, Judge Posner wrote.

"The implication is profoundly unsatisfactory - that Holmes is to be consigned to habeas corpus limbo indefinitely - but we cannot come up with a satisfactory alternative," the appellate judge wrote.

Writing that it reluctantly reverses Judge McKinney's decision, the court reversed and remanded it to his court to put on hold until the state provides "substantial new evidence that Holmes' psychiatric illness has abated, or its symptoms are sufficiently controlled, to justify the resumption of the proceeding."

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

ADVERTISEMENT