John Stephenson v. Ron Neal

John Stephenson v. Ron Neal

Petitioner - Appellant:	JOHN M. STEPHENSON
Respondent - Appellee:	RON NEAL
Case Number:	16-1312
Filed:	February 16, 2016
Court:	U.S. Court of Appeals, Seventh Circuit
Nature of Suit:	Habeas Corpus: Death Penalty

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Date Filed	Description
August 4, 2017	Stephenson v. Neal

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Date Filed	Document Text
August 4, 2017	Filing 703044598 Filed opinion of the court by Judge Posner. The possibility that the defendant s having to wear the stun belt for no reason, given that he had no history of acting up in a courtroom contaminated the penalty phase of the trial persuades us to reverse the district court s denial of Stephenson s petition for habeas corpus and to remand with directions to vacate his sentence. After the completion of these proceedings, Indiana may choose to seek the death penalty anew and hold a new penalty hearing before a jury without Stephenson wearing the stun belt, or to seek a lesser sentence and hold a penalty hearing before a judge. The court s refusal to vacate his conviction, however, is affirmed. William J. Bauer, Circuit Judge; Richard A. Posner, Circuit Judge and Joel M. Flaum, Circuit Judge. [6858970-1] [6858970] [16-1312]

Date Filed

Document Text

August 4, 2017

Filing 703044598 Filed opinion of the court by Judge Posner. The possibility that the defendant s having to wear the stun belt for no reason, given that he had no history of acting up in a courtroom contaminated the penalty phase of the trial persuades us to reverse the district court s denial of Stephenson s petition for habeas corpus and to remand with directions to vacate his sentence. After the completion of these proceedings, Indiana may choose to seek the death penalty anew and hold a new penalty hearing before a jury without Stephenson wearing the stun belt, or to seek a lesser sentence and hold a penalty hearing before a judge. The court s refusal to vacate his conviction, however, is affirmed. William J. Bauer, Circuit Judge; Richard A. Posner, Circuit Judge and Joel M. Flaum, Circuit Judge. [6858970-1] [6858970] [16-1312]

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Petitioner - appellant: JOHN M. STEPHENSON
Represented By:	Marie F. Donnelly
Represented By:	Alan Michael Freedman
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Respondent - appellee: RON NEAL
Represented By:	Kelly A. Miklos
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