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SCOTUS asked to take Indiana stun belt case

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The Supreme Court of the United States is being asked to consider an Indiana case about a convicted murderer’s claim that he was improperly restrained with a stun belt during his trial and that led to a wrongful conviction.

On March 21, the nation’s highest court received a writ of certiorari in the case of John M. Stephenson v. Bill Wilson, superintendent of Indiana State Prison, No. 09-2924, which follows an August 2010 decision by the 7th Circuit Court of Appeals that reversed a ruling by U.S. District Judge Theresa Springmann in the Northern District of Indiana that John Stephenson received ineffective assistance of counsel for not raising the stun belt argument.

Stephenson was convicted by a jury in 1997 for three murders and sentenced to death. Four jurors later said in affidavits they were aware Stephenson was wearing a stun belt. After an unsuccessful direct appeal to the SCOTUS, Stephenson filed a writ of federal habeas corpus and Judge Springmann in 2009 tossed out his capital sentence on the stun belt claim, but didn’t rule on other issues he raised.

The 7th Circuit last year ordered the District judge to reconsider her ruling, finding that the question of prejudice from the stun belt at the penalty hearing requires more consideration. Stephenson filed a petition for rehearing but the appellate court was divided on whether to rehear the case and ultimately denied that request.

Though Stephenson is entitled to a new trial already as Judge Springmann concluded based on the penalty phase aspects, Stephenson and his attorneys are raising the stun belt issues before the SCOTUS.

The cert petition raises three questions:
•    Whether SCOTUS precedent from 1986 and 2005 still applies or whether a federal court is able to assume that a jury’s awareness of the restraint had no effect on the verdict unless the defendant can produce actual evidence of prejudice?
•    Whether the panel’s determination that trial counsel’s vigorous defense precluded any possibility of any prejudice and meets the prejudice prong of Strickland v. Washington, 466 U.S. 688 (1984)?
•    Is there a reasonable probability Stephenson wouldn’t be convicted on the evidence if not for the jurors’ awareness of the stun belt being worn at trial?

Defense attorneys are asking that both Stephenson’s convictions and death sentence be vacated.

The Indiana Attorney General’s Office has until April 18 to submit a reply brief, according to spokesman Bryan Corbin.

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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