ILNews

Death row inmate’s habeas petition denied

Back to TopCommentsE-mailPrintBookmark and Share

A federal judge in South Bend has denied a death row inmate’s request for habeas corpus, rejecting the man’s claims that he is mentally retarded and, therefore, cannot be sentenced to death.

Chief Judge Robert L Miller Jr. in the Northern District of Indiana released the 83-page decision Tuesday which states the record doesn’t support finding that the Indiana courts acted unreasonably in finding that Tom Pruitt is not mentally retarded and that his attorneys provided anything short of effective assistance.

Pruitt was convicted of murdering Morgan County Deputy Sheriff Daniel Starnes and was sentenced to death. Starnes pulled Pruitt over in June 2001 after seeing Pruitt driving erratically. When Starnes approached Pruitt’s car, Pruitt filed several shots at Starnes and his college-aged son, who was riding along with his dad. Starnes died nearly a month after the shooting after developing an infection.

All along, Pruitt has sought to have the death penalty precluded under Atkins v. Virginia, 536 U.S. 304 (2002), claiming he suffered from mental retardation and that the imposition of the death penalty violates the Eighth Amendment.

A divided Indiana Supreme Court affirmed his convictions and sentence and affirmed the denial of post-conviction relief.

Pruitt raised eight arguments in his habeas corpus petition, including that his execution is barred by the Eighth Amendment because he is mentally retarded, his attorneys were ineffective, and there was an improper jury instruction.

Miller noted that Pruitt is borderline – either a high-functioning mentally retarded individual or an individual with a very low average intelligence – and that the courts “faced the challenge of deciding where Mr. Pruitt fits on that imprecise continuum.”

Miller did grant a certificate of appealability as to four of the claims raised by Pruitt: whether the death sentence violated the Eighth Amendment because he is mentally retarded; whether his trial counsel were ineffective for failing to investigate adequately and present readily available evidence of his mental retardation at the pre-trial mental retardation hearing and at the trial penalty’s phase;  whether his trial counsel were ineffective for failing to investigate and present readily available evidence in support of a verdict of guilty but mentally ill; and whether Pruitt’s death sentence was obtained in violation of the Sixth Amendment right to a trial by jury and his right to due process law because the jury wasn’t instructed that it had to find that the aggravating circumstances outweighed the mitigating circumstances beyond a reasonable doubt.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Affordable Loan Offer (ericloanfinance@hotmail.com) NEED A LOAN?Sometime i really wanna help those in a financial problems.i was wondering why some people talks about inability to get a loan from a bank/company. have you guys ever try Eric Benson lending service.it cost dollars to loan from their company. my aunty from USA,just got a home loan from Eric Benson Lending banking card service.and they gave her a loan of 8,000,000 USD. they give out loan from 100,000 USD - 100,000,000 USD. try it yourself and testimony. have a great day as you try.Kiss & Hug. Contact E-mail: ericloanfinance@hotmail.com

  2. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

  3. For some strange reason this story, like many on this ezine that question the powerful, seems to have been released in two formats. Prior format here: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 That observed, I must note that it is quite refreshing that denizens of the great unwashed (like me) can be allowed to openly question powerful elitists at ICE MILLER who are on the public dole like Selby. Kudos to those at this ezine who understand that they cannot be mere lapdogs to the powerful and corrupt, lest freedom bleed out. If you wonder why the Senator resisted Selby, consider reading the comments here for a theory: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263

  4. Why is it a crisis that people want to protect their rights themselves? The courts have a huge bias against people appearing on their own behalf and these judges and lawyers will face their maker one day and answer for their actions.

  5. State's rights, civil rights and human rights are all in jeopardy with Trump in the WH and Sessions running Justice.

ADVERTISEMENT