Monday, June 18, 2007
Ind. Decisions - 7th Circuit rules in Indiana capital case [Updated]
Divided three-judge Seventh Circuit panel vacates Indiana death sentence imposed on "an emotionally disturbed young man who had been abused and raped as a child" where "the only evidence presented by the defense concerning mental state at the time of the killing was the testimony of a psychologist who believes that mental illness is a myth" The vote in favor of setting aside the death sentence was 2-1. One of the judges in the majority on that issue would have also set aside the habeas petitioner's murder conviction due to ineffective assistance of counsel, but neither of the other two judges agreed on that issue. The ruling also includes consideration of the habeas petitioner's claim that his rights were infringed by the requirement that he wear a stun belt at trial.The "majority" opinion of Judge Wood is followed by Judge Ripple concurring in part and dissenting in part beginning on p. 27, and Judge Manion also concurring in part and dissenting in part from pp. 34-45.
[Updated] Read Decision of the Day's Robert Loblaw's review of the decision here.
Posted by Marcia Oddi on June 18, 2007 12:58 PM
Posted to Ind. (7th Cir.) Decisions