ILNews

Federal judge upholds Evansville man's death sentence

Back to TopCommentsE-mailPrintBookmark and Share

A federal judge in Indianapolis has upheld the death sentence of a condemned man who killed his wife and two young children in Evansville a decade ago.

U.S. Judge Tanya Walton Pratt ruled Thursday in the case of Paul M. McManus v. Bill Watson, No 1:07-cv-1483, denying a habeas corpus petition by Paul McManus. He was convicted by a jury in 2001 and sentenced to die for the February 2001 shooting deaths of his wife and children after she had filed for divorce. The convictions and sentence were upheld on direct appeal, but a post-conviction trial court later determined McManus was mentally retarded and turned the death sentence into life without parole. A divided Indiana Supreme Court in June 2007 reinstated the death penalty after reviewing the record, and the nation’s highest court declined to overturn that ruling.

Filing this habeas corpus petition in February 2008, McManus alleged that he was incompetent to stand trial because he had ingested medication and was forced to appear before the jury in a “drug-induced stupor that dramatically and artificially altered his demeanor,” the state failed to disclose exculpatory evidence, his execution is barred by the Eighth Amendment because he is mentally retarded, trial counsel was ineffective in investigating his defense and presenting mitigating evidence, and that he was sentenced to death based on a judge’s findings rather than a jury decision.

Judge Pratt issued a 28-page decision determining that McManus hadn’t met his burden in proving the allegations or that he hadn’t raised a particular issue during the direct appeal stage before the Indiana state courts.

One significant driving point in the Indiana Supreme Court reinstatement was McManus’ level of intellectual functioning at the time of the crime. McManus challenged the state justices’ conclusions on that point and argued that both evidence and research from mental and psychological organizations show he wasn’t competent to stand trial. But Judge Pratt found the justices adequately examined and explained that point and didn’t misapply caselaw to his particular facts.

Judge Pratt pointed out in her conclusion that McManus’ convictions and sentence have withstood challenge in the Indiana state court system and so a presumption of constitutional regularity attached to it, according to Farmer v. Litscher, 303 F. 3d 840, 845 (7th Cir. 2002). She carefully reviewed the state record relating to his current claims and found that no such established rules entitle McManus to any habeas corpus relief.

The Indiana attorney general’s office responded to the ruling on Friday, saying this ruling is “one important step in a complex, decade-long legal process” and is part of the state’s effort for justice.

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

ADVERTISEMENT