ILNews

SCOTUS asked to take Indiana stun belt case

Back to TopCommentsE-mailPrintBookmark and Share

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.

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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. It's an appreciable step taken by the government to curb the child abuse that are happening in the schools. Employees in the schools those are selected without background check can not be trusted. A thorough background check on the teachers or any other other new employees must be performed to choose the best and quality people. Those who are already employed in the past should also be checked for best precaution. The future of kids can be saved through this simple process. However, the checking process should be conducted by the help of a trusted background checking agency(https://www.affordablebackgroundchecks.com/).

  2. Almost everything connects to internet these days. From your computers and Smartphones to wearable gadgets and smart refrigerators in your home, everything is linked to the Internet. Although this convenience empowers usto access our personal devices from anywhere in the world such as an IP camera, it also deprives control of our online privacy. Cyber criminals, hackers, spies and everyone else has realized that we don’t have complete control on who can access our personal data. We have to take steps to to protect it like keeping Senseless password. Dont leave privacy unprotected. Check out this article for more ways: https://www.purevpn.com/blog/data-privacy-in-the-age-of-internet-of-things/

  3. You need to look into Celadon not paying sign on bonuses. We call get the run

  4. My parents took advantage of the fact that I was homeless in 2012 and went to court and got Legal Guardianship I my 2 daughters. I am finally back on my feet and want them back, but now they want to fight me on it. I want to raise my children and have them almost all the time on the weekends. Mynparents are both almost 70 years old and they play favorites which bothers me a lot. Do I have a leg to stand on if I go to court to terminate lehal guardianship? My kids want to live with me and I want to raise them, this was supposed to be temporary, and now it is turning into a fight. Ridiculous

  5. Here's my two cents. While in Texas in 2007 I was not registered because I only had to do it for ten years. So imagine my surprise as I find myself forced to register in Texas because indiana can't get their head out of their butt long enough to realize they passed an ex post facto law in 2006. So because Indiana had me listed as a failure to register Texas said I had to do it there. Now if Indiana had done right by me all along I wouldn't need the aclu to defend my rights. But such is life.

ADVERTISEMENT