MYERS v. STATE OF INDIANA
| JOHN MYERS |
| SUPERINTENDENT, Indiana State Prison |
| 1:2016cv02023 |
| July 29, 2016 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Debra McVicker Lynch |
| Tanya Walton Pratt |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
81
ORDER ON MOTION FOR RECONSIDERATION AND FOR RELEASE ON BOND PENDING APPEAL - The court granted Mr. Myers's petition and ordered that he be released or retried. There is a presumption that successful habeas petitioners should be released while the respondent appeals that decision. The respondent has failed to rebut that presumption. The respondent has not demonstrated that he has a strong likelihood of success on appeal, nor that he has a substantial case on the merits. The respondent d oes not argue that Mr. Myers poses a risk of flight or a danger to the community. The respondent has not shown that the State will be irreparably harmed by Mr. Myers's release or that the public interest lies in favor of his continued incarce ration pending appeal. Therefore, Mr. Myers's motion, dkt. 72 , is granted to the extent the Court orders his conditional release from the custody of the respondent. ***SEE ORDER FOR ADDITIONAL INFORMATION*** Signed by Judge James R. Sweeney II on 5/29/2020. (JDC)
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Filing
60
ORDER GRANTING PETITION FOR A WRIT OF HABEAS CORPUS - Petitioner John Myers filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 in this Court challenging his murder conviction. Mr. Myers's petition for a writ of hab eas corpus is granted because he failed to receive effective assistance of counsel during trial in violation of his Sixth Amendment rights. Since Mr. Myers is entitled to relief on this claim, the Court need not reach his claims that the State pre sented false evidence in violation of Giglio v. United States, 405 U.S. 150, 153 (1972), and withheld exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83, 87 (1963). A writ of habeas corpus shall issue ordering Mr. Myers's rele ase from custody unless the State elects to retry Mr. Myers within 120 days of entry of Final Judgment in this action. A new trial will likely come only at considerable cost-to the State, yes, but, more important, to the victim's family and community still wounded by their tragic loss. Such costs do not enter into the constitutional analysis; and yet, the Court cannot help but express its empathy for those who must bear them for the sake of our Constitution and its protections. (See Entry.) Signed by Judge James R. Sweeney II on 9/30/2019.(BRR)
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Filing
36
ENTRY Directing Further Briefing - The respondent has through February 23, 2018, in which to file a supplemental return. Mr. Myers then has through April 6, 2018, in which to submit a supplemental reply. See Entry for details. Signed by Judge Tanya Walton Pratt on 1/12/2018.(LBT)
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| Petitioner: JOHN MYERS | |
| Represented By: | Marie F. Donnelly |
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| Respondent: SUPERINTENDENT, Indiana State Prison | |
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