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Court puts death penalty case on hold

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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."

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  1. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  2. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  3. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

  4. I've been denied I appeal court date took a year my court date was Nov 9,2016 and have not received a answer yet

  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

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