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. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...