Tuesday, December 13, 2005
Ind. Decisions - 7th Circuit rules against Indiana Supreme Court in prisoner appeal
In Ben-Yisrayl, Obadyah v. Davis (ND Ind., Judge Sharp), a 21-page opinion, Judge Williams writes:
An Indiana jury convicted Obadyah Ben-Yisrayl, formerly known as Christopher Peterson, of murdering Harchand Dhaliwal and Marie Meitzler. After the Indiana Supreme Court affirmed Ben- Yisrayl’s conviction and sentence on direct appeal and denied Ben-Yisrayl collateral relief, the district court granted his petition for writ of habeas corpus. On appeal, we find the Indiana Supreme Court’s determination that the prosecutor did not violate Ben-Yisrayl’s Fifth Amendment rights during his closing argument to be an unreasonable determination in light of the evidence. In addition, we find the state court’s determination of the constitutional error in Ben-Yisrayl’s case an unreasonable application of clearly-established, federal law. We, therefore, affirm the judgment of the district court. * * *The 7th Circuit also today affirmed two Illinois cases: a criminal matter and a case relating to whether "the members of the operating crew of a gambling boat that is most of the time moored rather than sailing are nevertheless 'seamen' within the meaning of the provision of the Fair Labor Standards Act."
Conclusion. error in Ben-Yisrayl’s case an unreasonable application of clearly-established, federal law. We, therefore, affirm the judgment of the district court.
[Judge Manion concurs with a separate opinion beginning on p. 17.]
Posted by Marcia Oddi on December 13, 2005 12:00 PM
Posted to Ind. (7th Cir.) Decisions