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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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