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SCOTUS remands Indiana death penalty case

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The 7th Circuit Court of Appeals was wrong in disposing of an Indiana man's death penalty challenges without any explanation, and should have allowed a Northern District of Indiana judge to consider those unresolved claims, the nation's highest court ruled today.

In a two-page per curiam opinion, the Supreme Court of the United States granted certiorari and vacated the December 2008 ruling by the 7th Circuit in Joseph E. Corcoran v. Mark Levenhagen, Superintendent, Indiana State Prison, No. 08-10495, which comes out of the Northern District of Indiana after a line of litigation from the state appellate courts during the past decade.

The main issue in the case has been whether Joseph Corcoran, who suffers from paranoid schizophrenia, was mentally competent when he waived his right to have a trial court review his case, and whether his constitutional rights were violated when the prosecutor offered to take the death penalty off the table if Corcoran agreed to a bench trial rather than a jury trial in the 1997 shooting deaths of four people.

Allen Superior Judge Fran Gull found Corcoran competent when he decided to bypass the trial court review of his case, and the Indiana Supreme Court ultimately upheld that decision a decade ago. But Corcoran changed his mind in early 2005, and tried unsuccessfully to seek a trial court review of his case. He filed a habeas petition in federal court, but later changed his mind again, saying he never wanted to appeal his sentence.

Against Corcoran's wishes, U.S. District Judge Allen Sharp in South Bend overturned Corcoran's death sentence in April 2007 and found the prosecutor inappropriately punished the man by pursuing the death penalty after Corcoran had declined to accept a bench trial and chose to have a jury hear his case.

The District Court granted the petition and ordered the state to re-sentence him within 120 days to anything but death. On appeal, the 7th Circuit panel on Dec. 31, 2008, ruled that Corcoran's rights weren't violated and he was competent to waive his post-conviction proceedings. The court reversed the judge's granting of habeas relief, and ruled that Indiana was at liberty to reinstate the death penalty.

In recapping the appellate history, the SCOTUS order granted certiorari and held that the 7th Circuit erred in disposing of Corcoran's other claims without explanation of any sort.

"The Seventh Circuit should have permitted the District Court to consider Corcoran's unresolved challenges to his death sentence on remand, or should have itself explained why such consideration was unnecessary," the court wrote. "In its brief in opposition, the State argues that Corcoran's claims were waived, and that they were in any event frivolous, so that a remand would be wasteful. Nothing in the Seventh Circuit's opinion, however, suggests that this was the basis for that court's order that the writ be denied."

The case is now remanded to the Northern District for further proceedings.

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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