Death row inmate denied relief by 7th Circuit

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An Arkansas man on death row in Indiana for killing a woman in Texas nearly 20 years ago was unable to convince the 7th Circuit Court of Appeals that he should not be put to death. Bruce Carneil Webster argues he is mentally retarded and has new evidence that would affect his sentence.

There is no question that Webster is guilty of killing the woman in 1994, the court opinion states, but Webster claims that Social Security Administration records his current legal team acquired could have changed the outcome of his trial. He applied for the benefits before the crime was committed, and it shows that Webster scored under 60 on an IQ test. Webster had presented other evidence at his trial that he is mentally retarded, but the prosecutor presented evidence that Webster is not retarded and trying to use the diagnosis to get out of the death penalty.

Webster originally sought relief in the Fifth Circuit Court of Appeals under 28 U.S.C. Section 2255, but they were denied. He then sought collateral relief under Section 2241 in federal court in Terre Haute, where he is incarcerated. Judge William Lawrence of the Southern District of Indiana denied his petition, finding it is blocked by Section 2255(e). Lawrence found Webster’s own failure to present the SSA evidence does not demonstrate statutory inadequacy or ineffectiveness.

“We agree with that conclusion. Taken in the light most favorable to Webster – which is to say, on the assumption that the evidence is “newly discovered” and might have affected the jury’s evaluation — the arguments now presented tend to impugn the effectiveness of Webster’s former lawyers but not of §2255. The trial, the direct appeal, and the proceeding under §2255 offered opportunities to use the evidence that Webster now seeks to present. That Webster’s legal team did not take (full) advantage of those opportunities does not demonstrate a flaw in the statute,” Judge Frank Easterbrook wrote in Bruce Carneil Webster v. John F. Caraway, Warden, United States Penitentiary, Terre Haute, 14-1049.

“No court of appeals has deemed §2255 ‘inadequate or ineffective’ just because counsel failed to take maximum advantage of the opportunity it extends. … Webster does not persuade us to change course,” he wrote.

Webster has long known of the “newly discovered” evidence, Easterbrook pointed out, and his trial lawyer knew about it, but appears he did not simply follow through on obtaining it. And the Social Security records would not facilitate a new line of defense, the judges held.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

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  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.