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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. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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