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Zachary's Law case could go to SCOTUS

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The Indiana Attorney General's Office wants the nation's highest court to review the 7th Circuit Court of Appeals ruling from last summer on a death-penalty case, which inspired Zachary's Law that requires convicted child molesters to register their addresses in a statewide public database.

Attorneys filed a petition for writ of certiorari this week with the Supreme Court of the United States in the case against Christopher M. Stevens, who was convicted and sentenced to death for the 1993 murder of 10-year-old Zachary Snider in Cloverdale.

Originally, the case was moved from Putnam County to Tippecanoe County and moved through the state's appellate system - the Indiana Supreme Court affirmed the conviction and sentence in Stevens v. Indiana, 691 N.E.2d 412 (Ind. 1997).

U.S. District Judge Allen Sharp at the Northern District of Indiana in Hammond also denied Stevens' claims for habeas corpus, but on June 18, 2007, the 7th Circuit set aside the death penalty unless the state offered a new sentencing hearing.

The three-judge panel - led by authoring Judge Diane Wood - held that Stevens' defense counsel should have pursued more mental health experts and evidence, but Judge Daniel Manion disagreed and wouldn't have granted relief. Judge Kenneth Ripple also wrote separately to say he would've taken relief a step further in that he thought the ineffective counsel also affected Stevens' conviction.

In his petition, Attorney General Steve Carter contends that the federal appellate decision ignored the state court's prejudice analysis and failed to defer to those decisions. Counsel isn't required to continue looking for experts just because one gave an unfavorable opinion, Carter wrote.

"The state courts explained that Stevens suffered no prejudice from any of counsel's potential errors in developing and presenting mental health evidence because the objective facts of the crime and Stevens' own confession 'strongly contradict' the notion that he was insane or impaired at the time of the crime," the petition states.

The court will likely make a decision about whether to accept the case by the end of its current term in June.

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  1. 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???

  2. 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

  3. 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

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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