ILNews

Overstreet granted stay of execution

Jennifer Nelson
January 1, 2008
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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.
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  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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