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SCOTUS asked to hear stun-belt case

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Indiana Lawyer Rehearing

When the Supreme Court of the United States returns for its new term beginning in October, Indiana will likely learn whether the high court will hear a case relating to a stun-belt restraint used here during a convicted murder’s trial.

The Indiana attorney general’s office filed a response in mid-June to the certiorari petition filed earlier this year on behalf of John Stephenson, convicted in 1997 for three murders and sentenced to death.

U.S. Judge Theresa Springmann in the Northern District of Indiana found in his favor on a habeas corpus petition and reversed the death sentence, but she didn’t consider all of his arguments on the merits. Last year, the 7th Circuit ordered her to reconsider that ruling because of potential prejudice resulting from his wearing the stun-belt at the sentencing phase. The full appellate court declined to revisit the case en banc and Stephenson could get a new trial based on that penalty-specific issue.

Urging the justices to deny certiorari, the AG’s 11-page brief says SCOTUS review is premature because the lower federal courts haven’t fully analyzed the stun-belt restraint claim involving ineffective assistance of counsel. The AG also objects to Stephenson’s suggestion that the justices retroactively apply recent precedent to his case in a way that is essentially creating a new criminal procedure rule. The 7th Circuit applied existing caselaw from 1984 when determining there was no reasonable probability that Stephenson would have been acquitted if his trial counsel objected to the stun belt or appeared before the jury unrestrained, according to the brief.

The SCOTUS has set this case for consideration at its late September conference following the summer recess.•
 

Rehearing "Court won't rehear stun-belt case" IL Feb. 2-15, 2011

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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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