ILNews

Overstreet granted stay of execution

Jennifer Nelson
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
The man who was convicted and sentenced to death for killing a Franklin College student has been granted a motion for a stay of execution. U.S. District Judge Philip Simon of the South Bend Division issued the order granting Michael Dean Overstreet's stay of execution Monday.

Overstreet, who was sentenced to death in 2000 for killing Kelly Eckart, filed the motion in U.S. District Court, Northern District of Indiana, South Bend Division May 9. In the motion, Michael Dean Overstreet v. Ed Buss, Superintendent Indiana State Prison, No. 3:08-CV-226-PS, Overstreet filed the stay to allow for a petition for a writ of habeas corpus. Overstreet was scheduled to be executed May 30.

The order stays Overstreet's execution until Aug. 10 and notes the state may schedule another execution date unless he properly petitions and is granted another stay.

Overstreet also filed a motion for appointment of counsel, a motion to proceed in forma pauperis, and a memorandum in support of his motion for stay of execution. In a separate opinion and order, Judge Simon allowed Overstreet to proceed in forma pauperis in regards to his appointment of counsel, but denied him proceeding in forma pauperis as it relates to his filing fee. The order appointed Marie F. Donnelly of Chicago as his counsel and denied appointing Missouri attorney Laurence E. Komp.

Overstreet was denied post-conviction relief, which the Indiana Supreme Court affirmed in Overstreet v. State, 877 NE.2d 144 (Ind. 2007). The high court also denied rehearing his case in February and ordered his execution for the end of May subject to a valid stay ordered by the federal courts.
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. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

ADVERTISEMENT