Split court reinstates death sentence

Michael W. Hoskins
June 27, 2007
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The Indiana Supreme Court has reinstated the death sentence for a Vanderburgh County man who a lower court judge found was mentally retarded and should be sentenced to life without parole for the killing of his wife and two young children.

A split court issued the 19-page opinion today in State v. Paul M. McManus, No. 82S00-0503-PD-78, with Justices Ted Boehm and Robert d. Rucker dissenting from the majority of Chief Justice Randall T. Shepard, and Justices Brent Dickson and Frank Sullivan.

McManus was convicted of the 2001 shooting murders of his wife and two children, and sentenced to death. He petitioned for post-conviction relief in 2005 after the state's highest court affirmed his convictions and sentence. His main argument rejected at the time was that he wasn't competent to stand trial.

On post-conviction in March 2006, Senior Judge William J. Brune in Vanderburgh County ruled McManus was retarded and therefore could not be executed for his crimes. The state appealed, asking the Indiana Supreme Court to again consider this capital case and decide if McManus is legally ineligible for the death sentence as the lower court judge determined.

At arguments in April, attorneys debated whether McManus is considered mentally retarded, if the death penalty is barred here, whether his competency or lack thereof prejudiced him at trial, and if he had ineffective trial counsel assistance.

On the claim of ineffective assistance, Chief Justice Shepard wrote, "The investigation and presentation of mitigating evidence by trial counsel was substantial and the fact that post-conviction lawyers have managed to find some that may be non-cumulative does not lead to a conclusion different from that of the post-conviction court, that McManus' trial counsel performed better than the Sixth Amendment requires."

But the most division on the court came from a more pressing issue: retardation and the death penalty.

"The post-conviction court's finding that McManus possess significantly subaverage intellectual functioning was clearly erroneous," the chief justice wrote. "In sum, McManus does not satisfy the intellectual functioning or adaptive behavior prongs. As such, the rule... does not bar the death penalty."

However, dissenting Justices Boehm and Rucker point out that the high court doesn't give sufficient deference to the lower court's finding of mental retardation, and that the standard of review isn't being applied equally for all cases.

In a 2005 ruling of Pruitt v. State, the court affirmed a finding that the defendant was not mentally retarded despite "significant evidence suggesting he was," Justice Boehm wrote.

"In my view, the clearly erroneous standard of review dictates affirming this trial court's determination as to mental retardation as well," he wrote.

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  1. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): (“2016Pet”) Amicus brief 2016: (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

  2. if the proabortion zealots and intolerant secularist anti-religious bigots keep on shutting down every hint of religious observance in american society, or attacking every ounce of respect that the state may have left for it, they may just break off their teeth.

  3. "drug dealers and traffickers need to be locked up". "we cannot afford just to continue to build prisons". "drug abuse is strangling many families and communities". "establishing more treatment and prevention programs will also be priorities". Seems to be what politicians have been saying for at least three decades now. If these are the most original thoughts these two have on the issues of drug trafficking and drug abuse, then we're no closer to solving the problem than we were back in the 90s when crack cocaine was the epidemic. We really need to begin demanding more original thought from those we elect to office. We also need to begin to accept that each of us is part of the solution to a problem that government cannot solve.

  4. What is with the bias exclusion of the only candidate that made sense, Rex Bell? The Democrat and Republican Party have created this problem, why on earth would anyone believe they are able to fix it without pushing government into matters it doesn't belong?

  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.