ILNews

Court rules on habeas corpus competency case

Jennifer Nelson
January 1, 2007
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The 7th Circuit Court of Appeals ruled in a case of first impression today regarding a prisoner's competency to continue on with habeas corpus proceedings. In its decision, the Circuit Court remanded to the District Court.

Circuit Judge Richard Posner wrote the court finds it odd to think that someone who initiates a habeas corpus proceeding can then later freeze it by claiming to be mentally incompetent. That is what Eric Holmes is claming in Eric D. Holmes v. Edwin G. Buss, 04-3549, 06-2905. Holmes has been sentenced to death for committing two murders in 1992.

Holmes filed two petitions for federal habeas corpus but later claimed he was not competent to assist his lawyer with the proceedings. District Judge Larry McKinney ruled in 2003 Holmes was competent after questioning him and denied habeas corpus relief. Holmes appealed, and in 2005 the 7th Circuit remanded to the District Court to determine Holmes' competency to proceed with the appeal because his counsel had said Holmes' mental condition had deteriorated since the April 2003 hearing. This time, Judge McKinney consulted two expert doctors and also questioned Holmes. Judge McKinney also denied Holmes' request that one of the doctors be made available for cross-examination; the appeal in the 7th Circuit then continued.

The 9th Circuit Court held that in a capital case a petitioner for federal habeas corpus must be competent to assist his counsel, and if not, the proceeding must be stayed, Rohan ex rel. Gates v. Woodford, 334 F.3d 803 (9th Cir. 2003). In a capital case, it makes sense a prisoner would seek to be proven to be incompetent after trial because an execution can be stayed until he is evaluated.

The state in this case argues there should be a higher standard for assessing incompetence after trial because the client's role in assisting his attorney in a post-conviction proceeding is more limited than if he is on trial; Holmes argues that the standard should be the same.

Judge Posner wrote the idea of creating different standards to determine competence is not a good idea. The competency test should include the litigant's particular mental condition and the nature of the decision that he must be competent to make.

Judge McKinney made his decision that Holmes was competent to assist his attorney in the appellate phase of habeas corpus proceedings based on what Holmes said at the hearings. Judge Posner wrote that the Circuit Court is puzzled that Judge McKinney didn't allow cross-examination the doctors who examined Holmes.

The case is remanded to the District Court to determine Holmes' competency.
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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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