ILNews

Overstreet granted stay of execution

Jennifer Nelson
January 1, 2008
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The man who was convicted and sentenced to death for killing a Franklin College student has been granted a motion for a stay of execution. U.S. District Judge Philip Simon of the South Bend Division issued the order granting Michael Dean Overstreet's stay of execution Monday.

Overstreet, who was sentenced to death in 2000 for killing Kelly Eckart, filed the motion in U.S. District Court, Northern District of Indiana, South Bend Division May 9. In the motion, Michael Dean Overstreet v. Ed Buss, Superintendent Indiana State Prison, No. 3:08-CV-226-PS, Overstreet filed the stay to allow for a petition for a writ of habeas corpus. Overstreet was scheduled to be executed May 30.

The order stays Overstreet's execution until Aug. 10 and notes the state may schedule another execution date unless he properly petitions and is granted another stay.

Overstreet also filed a motion for appointment of counsel, a motion to proceed in forma pauperis, and a memorandum in support of his motion for stay of execution. In a separate opinion and order, Judge Simon allowed Overstreet to proceed in forma pauperis in regards to his appointment of counsel, but denied him proceeding in forma pauperis as it relates to his filing fee. The order appointed Marie F. Donnelly of Chicago as his counsel and denied appointing Missouri attorney Laurence E. Komp.

Overstreet was denied post-conviction relief, which the Indiana Supreme Court affirmed in Overstreet v. State, 877 NE.2d 144 (Ind. 2007). The high court also denied rehearing his case in February and ordered his execution for the end of May subject to a valid stay ordered by the federal courts.
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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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