INDIANAPOLIS – A majority of Indiana’s Supreme Court justices said lawyers for death row inmate Joseph Corcoran have not presented adequate evidence to challenge their client’s competency — and ruled that defense counsel can not seek late-term, post-conviction relief for Corcoran without his consent.
That’s despite arguments from the inmate’s lawyers that he is “severely” mentally ill and should be disqualified from execution.
In a split, 3-2 decision, Indiana’s Supreme Court justices issued an order Thursday evening denying requests by Corcoran’s lawyers to delay his impending execution date and allow for his case to be reviewed or to overturn his sentence. Their opinion was delayed and not released until Tuesday morning.
Justices Mark Massa, Geoffrey Slaughter, and Derek Molter concurred. Chief Justice Loretta Rush and Justice Christopher Goff dissented.
Molter pointed to a recent letter Corcoran sent to the court, in which he said he has “no desire nor wish[es] to engage in further appeals or litigation whatsoever.” With his “own free will” and “without coercion or promise of anything,” he asked the court to withdraw his counsel’s motions.
The justice further emphasized that concerns raised by defense counsel over Corcoran’s mental health have already “been thoroughly litigated in both state and federal courts.”
The execution is set for “before sunrise” on Dec. 18 and will be the first for the state of Indiana since 2009.
A separate stay request was made last week pending a federal appeal and the Indiana Supreme Court has not yet ruled on that motion.
Read more of the Casey Smith/Niki Kelly story for the Indiana Capital Chronicle, here.
