ILNews

Court denies rehearing, orders execution

Michael W. Hoskins
January 1, 2008
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The Indiana Supreme Court has refused to hear a condemned man's appeal and ordered his execution for May.

Justices unanimously agreed this week to not rehear the case of Michael Dean Overstreet, who was convicted of the 1997 disappearance, rape, and strangulation of Franklin College freshman Kelly Eckart. He has been on death row since 2000, and the Supreme Court upheld the sentence in late November. His attorneys asked for a rehearing in January.

Now, a docket entry sets the execution date for May 30. This appellate denial ends Overstreet's state-court options, but he can now appeal to federal courts and could also ask the governor for clemency.

If taken to federal court, the case could bring up a topic of disagreement on Indiana's Supreme Court. Justices agreed to uphold the death sentence last year, but Justice Robert D. Rucker expressed dissatisfaction in the death penalty on grounds relating to Overstreet's mental-illness claims.

In that opinion, Justice Rucker wrote that he sees no principled distinction between Overstreet's claims and those of the mentally retarded, who by state law cannot be executed.

"I would declare that executing Overstreet constitutes purposeless and needless imposition of pain and suffering thereby violating the Cruel and Unusual Punishment provision of the Indiana Constitution," he wrote.

If executed this spring, Overstreet would be the first person executed by lethal injection this year. Two men, David Leon Woods and Michael Allen Lambert, were put to death by lethal injection last year, and a third man, Norman Timberlake, was set for execution but died of natural causes in prison.
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  1. Nice work, Courtney!

  2. The O'Banions also sued Ford claiming the Roush vehicle's throttle cable was defective and stuck, and did not present evidence or argue to the contrary at trial. The proceedings were delayed by an appeal on the admissibility of expert testimony in which O' Banions also joined with the Roush Estate.

  3. AP writes "The justices will hear the appeal of the Colorado baker that pits his claims of religious freedom against the rights of the same-sex couple who wanted a wedding cake to commemorate their marriage." HOW ABOUT IF THIS WERE THIS ISSUE: "The justices will hear the appeal of the Colorado Jewish videographer that pits his claims of religious freedom against the rights of the Holocaust deniers who wanted to hire his photography studio to shoot their documentary debunking the six-million-cremated-theory ..." Would anyone doubt that the Jewish fellow's rights triumphed? Or how about "The justices will hear the appeal of the Colorado black carpenter that pits his claims of religious freedom against the rights of a white supremacist who wants a gallows built on his property to stage the mock hanging of former president Obama." Hey, would anyone doubt that the Black fellow's rights to contract triumphed? BUT ... make the "villain" in the story Christian conservatives (insert two minute hate here) and the victims gay (so cute they are), and it is bar the door Katie, for Big Brother's judicial stormtroopers simply must weigh in to wash clean the minds of any who would DARE to dissent from the elists' mandated spiritus mundi.

  4. The voices of the prophets are more on blogs than subway walls these days, Dawn. Here is the voice of one calling out in the wilderness ... against a corrupted judiciary ... that remains corrupt a decade and a half later ... due to, so sadly, the acquiescence of good judges unwilling to shake the forest ... for fear that is not faith .. http://www.ogdenonpolitics.com/2013/09/prof-alan-dershowitz-on-indiana.html

  5. So I purchased a vehicle cash from the lot on West Washington in Feb 2017. Since then I found it the vehicle had been declared a total loss and had sat in a salvage yard due to fire. My title does not show any of that. I also have had to put thousands of dollars into repairs because it was not a solid vehicle like they stated. I need to find out how to contact the lawyers on this lawsuit.

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