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Thursday, November 29, 2007
Ind. Decisions - More on: Supreme Court issues confusing ruling re Mental Illness and Competency to be Executed
More on the Supreme Court's opinion yesterday in the case of Michael Dean Overstreet v. State of Indiana, a 46-page opinion authored by Justice Rucker for the majority, which, as the ILB observed in its summary Nov. 27th, is "somewhat split." This split is indicated on p. 41, and, on pp. 38-40, when the discussion of the majority opinion turns to the VI-B, the state constitutional claim, the "majority" language becomes that of a minority opinion.
A knowledgeable reader writes in agreement:
I've never seen anything like Overstreet.After hearing oral argument, the court meets in conference and tentatively votes. The case is then assigned to a justice in the majority by consensus. I can't believe it wasn't clear at conference that Justice Rucker would not be in the majority. He has long opposed the death penalty for those with a severe mental illness; no other Justice has expressed that same concern. Therefore, the case should have been assigned to one of the four justices in the majority.
A one-justice lead opinion (complete with "I"s) is very confusing. I feel sorry for the attorney at West who must write headnotes for it. The lead opinion needs to announce the result, even if the dissenting justices announce the rationale or applicable rule of law.
Posted by Marcia Oddi on November 29, 2007 04:07 PM
Posted to Ind. Sup.Ct. Decisions