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Judge allows Corcoran to appeal denial of habeas corpus

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Joseph Corcoran, who has been sentenced to death for killing four men in 1997, will be allowed to appeal the denial of his petition for habeas corpus to the 7th Circuit Court of Appeals.

U.S. Judge Jon DeGuilio in the Northern District of Indiana, South Bend Division, granted a certificate of appealability on one of the grounds Corcoran raised for relief. DeGuilio, who received Corcoran’s case from the 7th Circuit on remand, denied Corcoran’s petition for a writ of habeas corpus in January.

Corcoran’s case has made it all the way to the Supreme Court of the United States twice and both times the justices reversed the 7th Circuit’s holdings. The first time, the justices vacated the 7th Circuit’s order that the District Court deny the writ for habeas relief, writing that the 7th Circuit should have allowed the District Court to consider Corcoran’s unresolved challenges to his death sentence on remand.

In November 2010, the SCOTUS reiterated that federal courts can’t issue any writ of habeas corpus to state prisoners whose confinements do not violate U.S. law.

Corcoran was sentenced to death in 1999, but the Indiana Supreme Court vacated the sentence and remanded out of concern that the trial judge violated state law by partly relying on non-statutory aggravating factors when imposing the death penalty. The trial judge issued a revised sentencing order, and the state justices in 2002 found that was sufficient to affirm the sentence. They later denied any post-conviction relief and Corcoran turned to the federal court system. The late U.S. Judge Allen Sharp reversed Corcoran’s death sentence, which the 7th Circuit reinstated in 2008.

On March 27, DeGuilio granted the certificate of appealability pertaining to Corcoran’s allegations that the trial court relied on non-statutory factors in a way that violated the federal constitution, and that the trial court refused to consider mitigating evidence.

“The first sub-issue essentially hinges on interpreting the trial court’s written statement, contained in the amended sentencing order, that it did not rely on non-statutory factors. This court concluded that the Indiana Supreme Court’s decision to take the trial court at its word was reasonable, but, as with any question of ‘reasonableness,’ other jurists might well disagree, or at least find that there is room for debate,” DeGuilio wrote.

“The second sub-issue essentially hinges on the distinction between refusing to consider mitigating evidence, and refusing to consider evidence to be mitigating. It is more than a word game – the former is prohibited by law, but the latter is perfectly acceptable. Nonetheless, it is a fine distinction, and while this court interpreted the trial court’s actions to fall into the later category, a reasonable jurist might find room for debate.”

DeGuilio noted that Corcoran hadn’t asked for a certificate of appealability with respect to his challenge of the constitutionality of the Indiana sentencing statute itself, which the judge would not have granted because the statute is “clearly constitutional.”

 

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  1. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  2. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  3. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  4. I totally agree with John Smith.

  5. An idea that would harm the public good which is protected by licensing. Might as well abolish doctor and health care professions licensing too. Ridiculous. Unrealistic. Would open the floodgates of mischief and abuse. Even veteranarians are licensed. How has deregulation served the public good in banking, for example? Enough ideology already!

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