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A man convicted in a triple homicide and subsequently sentenced to death will get a new sentencing hearing after the 7th Circuit Court of Appeals determined Friday the fact he was wearing a stun belt during the penalty phase of his trial may have impacted his jury.
In 1996, John Stephenson was charged in Indiana with the murders of three people riding in a truck and related crimes, including theft of ammunition for the type of rifle used in the murder. The ammunition was stolen from one of the victim’s trailer, and spent shell casings found at the murder site also matched those taken from the trailer.
After an eight-month trial, Stephenson was convicted and sentenced to death. The Indiana Supreme Court affirmed that sentence and the denial of post-conviction relief, leading Stephenson to seek federal habeas relief in the U.S. District Court for the Northern District of Indiana.
Stephenson prevailed on that motion, with the judge determining he had been denied the effective assistance of counsel when his attorney failed to object to his being forced to wear a stun belt in the courtroom. The district court vacated Stephenson’s conviction and sentence, but the 7th Circuit Court of Appeals reversed and remanded, determining that “the question of prejudice from Stephenson’s having been required to wear the stun belt at the penalty hearing will require the further consideration of the district court on remand.”
7th Circuit orders new sentencing hearing for man sentenced to death | The Indiana Lawyer
Does anyone remember this case?
In 1996, John Stephenson was charged in Indiana with the murders of three people riding in a truck and related crimes, including theft of ammunition for the type of rifle used in the murder. The ammunition was stolen from one of the victim’s trailer, and spent shell casings found at the murder site also matched those taken from the trailer.
After an eight-month trial, Stephenson was convicted and sentenced to death. The Indiana Supreme Court affirmed that sentence and the denial of post-conviction relief, leading Stephenson to seek federal habeas relief in the U.S. District Court for the Northern District of Indiana.
Stephenson prevailed on that motion, with the judge determining he had been denied the effective assistance of counsel when his attorney failed to object to his being forced to wear a stun belt in the courtroom. The district court vacated Stephenson’s conviction and sentence, but the 7th Circuit Court of Appeals reversed and remanded, determining that “the question of prejudice from Stephenson’s having been required to wear the stun belt at the penalty hearing will require the further consideration of the district court on remand.”
7th Circuit orders new sentencing hearing for man sentenced to death | The Indiana Lawyer
Does anyone remember this case?
