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. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  2. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  3. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

  4. The is putting restrictions on vaping just because big tobacco companies are losing money. http://vapingisthefuture.com

  5. Oh, and I should add ... the stigma JLAP attaches lasts forever. As my documents show, I had good reason to reject the many conflicted diagnoses for not thinking like the state wanted me to. BUT when I resisted and raised constitutional and even ADA "regarded as" arguments I was then denied licensed in Indiana for LIFE. As in until death does us part. Evidence in comments here: http://www.theindianalawyer.com/scotus-denies-cert-to-kansas-attorney-seeking-to-practice-in-indiana/PARAMS/article/40522 Resistance is futile, comrades.

ADVERTISEMENT