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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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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