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Federal judge upholds death sentence

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A federal judge in northern Indiana has denied a condemned inmate’s request to take him off death row, rejecting multiple claims that include one that would basically create a new rule prohibiting those who are severely mentally ill from being executed as is the standard for the mentally retarded.

U.S. Chief Judge Philip Simon in South Bend on Thursday issued an order in the case of Michael Dean Overstreet, who was convicted and sentenced to die in 2000 for the murder, rape, and confinement of Franklin College student Kelly Eckart three years earlier. Johnson Superior Judge Cynthia Emkes imposed the death sentence and that was upheld on direct appeal in 2003 and in post-conviction relief proceedings in subsequent years. Overstreet had been set to be executed by lethal injection May 30, 2008.

But before that date, the convicted killer filed a petition for a writ of habeas corpus in the Northern District of Indiana and his execution was stayed.

Overstreet raised 11 claims in his petition for relief, arguments that ranged from ineffective trial and appellate counsel, procedural and evidentiary issues during his trial and appeals, and inadequate review by the Indiana Supreme Court in addressing the issue of whether he should be considered “mentally ill” and eligible for execution.

In early March, Chief Judge Simon issued a 72-page opinion denying the petition on all grounds and upholding the death sentence. The judge granted certifiability on five of those claims for appeal, including procedural issues, whether Overstreet was prejudiced by trial counsel omissions, and the severe mental-illness arguments.

Specifically, on that 11th claim regarding mental illness, Chief Judge Simon wrote that Overstreet is essentially asking the court to extend the landmark holding of Atkins v. Virginia, 536, U.S. 304(2002), that banned the execution of the mentally retarded, to his specific case and condition. At the PCR state level, Indiana Supreme Court Justice Robert Rucker had dissented from his colleagues’ decision about executing Overstreet because under the state Constitution he didn’t see the man’s mental health being practically any different than those who are considered mentally retarded.

“Overstreet essentially asks me to take the state constitutional analysis that Justice Rucker employed and apply its reasoning as federal constitutional law in this case,” Chief Judge Simon wrote in the March order. “That analysis was not supported by any of the four other justices – all of whom disagreed with Justice Rucker’s interpretation of the Indiana Constitution. Moreover, Overstreet has not identified any court which has adopted this position and the 11th Circuit has expressly rejected it. Even assuming that Overstreet suffers from a serious mental illness, I am not convinced that there is a legal basis for adopting what Overstreet himself acknowledges would be a ‘new rule.’ Though the United States Supreme Court may one day extend the underlying principles of Atkins to such defendants, it has not yet done so.”

Overstreet asked the judge to alter his sentence based on misapplication of law, but Chief Judge Simon refused to do that in a five-page order this week.

Now, the death row inmate housed in Michigan City has the opportunity to appeal to the 7th Circuit and ultimately the nation’s highest court before the clemency process begins.
 
 

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  1. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  2. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  3. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  4. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  5. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

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