Quadruple killer death sentence reinstated

Started by Bill C, November 12, 2010, 09:10:53 PM

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Bill C

I hope I'm not stepping on anyone's toes by posting this, but as a Hoosier I felt obligated to post one of our state's wins.

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Overturning the 7th U.S. Circuit Court of Appeals, the U.S. Supreme Court effectively reinstated the death penalty against convicted killer Joseph Corcoran.

It was the second time in just over a year the nation's highest court slapped down a ruling by the U.S. Court of Appeals' 7th Circuit, this time saying the appellate court reviewed Corcoran's case without evidence of any violation of his constitutional rights.

For now, the decision puts the death penalty back on track for Corcoran, whose case has wound its way through the state and federal courts since his 1999 Allen Superior Court conviction for the murders of four people.

According to Bryan Corbin, spokesman for the Indiana Attorney General's Office, the recent ruling points out the complexity of death penalty cases and safeguards in the state's criminal justice system.

Corcoran shot and killed his brother, James Corcoran, 30; his sister's fiancÚ, Robert Scott Turner, 32; and two of his brother's friends, Timothy G. Bricker, 30, and Douglas A. Stillwell, 30, at a Bayer Avenue home in July 1997.

After the conviction, Allen Superior Court Judge Fran Gull sentenced Corcoran to death.

Corcoran failed to file a petition in a timely manner to have the trial court review his case, refusing to sign the paperwork because he believed he should be put to death for his crimes, court documents said.

Then in 2003, after it was determined he was a paranoid schizophrenic who understood his legal position, Gull found him capable of making the decision to refuse appeals, a decision the Indiana Supreme Court upheld.

Corcoran changed his mind in early 2005 and tried unsuccessfully to seek a trial court review of his case. He then filed a petition in federal court but changed his mind again, saying he never wanted to appeal his sentence, court documents said.

Against Corcoran's wishes at the time, the late U.S. District Judge Allen Sharp overturned the death sentence, ruling that then-Allen County Prosecutor Robert Gevers inappropriately punished Corcoran by pursuing the death penalty against Corcoran because, as a defendant, Corcoran demanded a jury trial instead of a trial by judge.

According to Sharp, the decision violated Corcoran's Sixth Amendment right to a speedy trial and right to have criminal charges clearly explained.

The 7th Circuit overturned Sharp's decision in 2008, saying that it is constitutionally permissible to use the threat of more serious punishment to encourage a guilty plea.

But when the 7th Circuit issued its 2008 ruling, it dealt only with the Sixth Amendment question that Sharp had ruled on. In an October 2009 ruling, the U.S. Supreme Court determined the appellate court should have addressed all of Corcoran's claims, and it sent the case back for another ruling.

In January, the 7th Circuit handed the case back to the state courts, ordering the state court to hold a resentencing hearing to correct errors it said it found in Gull's original sentencing order. The Indiana attorney general appealed to the U.S. Supreme Court, which reviewed the case again earlier this month.

In the seven-page ruling handed down Tuesday, the Supreme Court said the 7th Circuit erred when it said the sentencing order violated state law, which the state's highest courts said it did not. Federal courts cannot review state court cases because of allegations of state law violations, only for violations of federal law, according to court documents.

"The (7th Circuit's) opinion contained no hint that it thought the violation of Indiana law it had unearthed also entailed the infringement of any federal right," according to the Supreme Court opinion. "It was improper for the Court of Appeals to (review the case) without first concluding that a violation of federal law had been established."

Corcoran may attempt to have the U.S. Supreme Court again review the case, Corbin said.

A message left for Corcoran's attorney was not returned Wednesday.


http://www.journalgazette.net/article/20101111/LOCAL03/311119984/-1/LOCAL11


ScoopD (aka: Pam)

oh excellent news and NO, you are not stepping on anyones toes, in fact I appreciate the good news.  THANK YOU!
<br /><br />If there must be trouble, let it be in my day, that my child may have peace. -Thomas Paine<br /><br />My reason for supporting capital punishment: My cousin 16 yr. old Amanda Greenwell was murdered in March of 2004 at the hands of serial killer Jeremy Bryan Jones.

JTiscool

This is awesome.

God bless the judge that reinstated the sentence  :)
My reason for supporting the death penalty? A murderer has less of a right to live than his victim and already presents a danger while incarcerated for life. They have nothing to lose when the most they can get is Life in prison without parole.

Hangman1981

We need a nickname for Indiana. How about Scrappy Hoosiers?
There is never a shortage of rope.

Angelstorms OL'Man

Nice to read  that  was also fond competent.. That should mean  when the Mentally Handi capped card is played  a denial is there response. Way to go on posting up.
This was designed to hurt....Its a SEAL Candace unless you have been there yo will never understand...

turboprinz

I apologize for my not perfect English. Hopefully you understand what I mean. If not - ask me. I will try to explain.

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