Corcoran v. Levenhagen, No. 07-2093 (7th Cir. 2011)
Annotate this CaseIn 1997 petitioner shot and killed four men; he was sentenced to death. The Indiana Supreme Court vacated the sentence. On remand the court reimposed the death sentence; the Indiana Supreme Court affirmed. Petitioner waived state post-conviction relief after the court found him competent to forego further challenges to his sentence; the Indiana Supreme Court affirmed. He changed his mind. The trial court dismissed a petition for post-conviction relief as untimely; the Indiana Supreme Court affirmed. The federal district court granted habeas relief, holding that the prosecutor violated the Sixth Amendment by offering to forego the death penalty if petitioner would waive a jury trial, and ordered resentencing. The Seventh Circuit reversed without considering petitioner's additional claims. The U.S. Supreme Court twice vacated the Seventh Circuit's decisions. On remand, the Seventh Circuit reversed the district court’s judgment granting habeas relief on the basis of the claimed Sixth Amendment violation; affirmed that Indiana courts did not mishandle the issue of competence to waive post-conviction remedies; and remanded for consideration of remaining grounds for habeas relief.
This opinion or order relates to an opinion or order originally issued on December 31, 2008.
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