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Federal judge upholds Evansville man's death sentence

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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.

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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