U.S. judge: Indiana Supreme Court was wrong

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A federal judge has tossed a death row inmate's capital sentence, saying the Indiana Supreme Court was wrong in ruling the man convicted of a triple murder wasn't prejudiced by having to wear a stun belt in the jury's presence.

The 26-page decision came Wednesday from the U.S. District Court, Northern District of Indiana, in John M. Stephenson v. Mark Levenhagen, No. 3:07-CV-539-TS, a case that's been ongoing with appeals in some form for more than a decade. This case has seen all levels of state and federal courts, though the Supreme Court of the United States has twice declined to intervene.

U.S. District Judge Theresa Springmann in Fort Wayne ruled the Indiana Supreme Court's decision in April 2007 was incorrect in holding that Stephenson wasn't prejudiced by his wearing a stun belt during his eight-month capital trial in 1997 in Warrick Superior Court, where he was convicted of three murders, burglary, and theft relating to a drug-ring operation.

Two published opinions come from the state's highest court in this case, all relating to Stephenson's convictions. The first was Stephenson v. State of Indiana, 742 N.E. 2d 463 (Ind. 2001), or Stephenson I, which affirmed the convictions and penalty on direct appeal; and Stephenson v. State of Indiana, 864 N.E. 2d 1022 (Ind. 2007), or Stephenson II, a post-conviction relief appeal challenging several issues including how Stephenson was forced to wear a stun belt during his capital jury trial. That latter ruling denied him relief and again upheld his sentence to die, and all five justices affirmed that penalty.

On the post-conviction relief claim, the Indiana Supreme Court had found that Stephenson's trial counsel was ineffective for not objecting to the belt's use during trial. But it held that Stephenson wasn't prejudiced by that deficient performance, and Judge Springmann says that was incorrect. Specifically, the justices found no evidence that the sheriff or anyone requested the stun belt's use, and that Stephenson had not presented a danger or security threat; but it still determined there was no prejudicial effect from jurors seeing that during trial.

"It is clearly erroneous because if counsel had objected, there was no legitimate basis for requiring Stephenson to wear a stun belt," Judge Springmann wrote. "Furthermore, if over objection, he had been required to do so, the Indiana Supreme Court would have had to reverse his conviction on direct appeal. It is an incorrect statement of the test for prejudice because the question is not whether the objection would have been sustained or resulted in a reversal on direct appeal."

The judge applied recent caselaw from the 7th Circuit, which last year decided Wrinkles v. Buss, 537 F. 3d 804, 823 (7th Cir. 2008), that came from Judge John D. Tinder, then in the Southern District of Indiana. He had decided that Vanderburgh County case involving in part an ineffective assistance of counsel claim pertaining to a lawyer's failure to object to the use of a stun-belt restraint during trial. The federal appellate court affirmed the decision about its use because there was a question of its visibility during trial - something that isn't an issue in Stephenson because jurors could see the stun belt. But the ruling offered relevant framework for deciding this current appeal.

"Stephenson has demonstrated that there was an unacceptable risk that impermissible factors came into play in the determination of his guilt," Judge Springmann wrote. "Therefore, he has demonstrated prejudice ... and habeas corpus must be granted. Due process mandates that John M. Stephenson is entitled to what he was denied: a trial without restraints unless the State can demonstrate a particularized justification for doing so at his retrial."

The federal judge granted Stephenson's motion for summary judgment on his stun-belt claim in the petition for writ of habeas corpus. Indiana has 120 days to file the appropriate papers to continue this case and is free to again seek the death penalty, Judge Springmann wrote.

Indiana Attorney General Greg Zoeller called the ruling "disappointing," and said a decision hasn't been made about whether to ask Judge Springmann to rehear the case or to appeal directly to the 7th Circuit.

"Stephenson was cloaked with the presumption of innocence and his wearing an electric stun belt under his clothes did not strip him of that cloak," Zoeller said. "This ruling makes it more difficult to serve the interests of justice if witnesses must testify again about events 13 years after the fact."


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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.