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. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

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

  5. 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.