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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. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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