Summary
This Seventh Circuit opinion addresses a federal habeas corpus petition filed by Leslie Irvin following his murder conviction and death sentence in Indiana state court. The court held that Irvin failed to exhaust his available state remedies because he escaped from custody before properly pursuing an appeal, thereby forfeiting his right to challenge the denial of his motion for a new trial under Indiana law. Although concurring judges noted potential due process violations regarding jury impartiality and prosecutorial conduct, they agreed that the procedural bar precluded federal relief. The district court's dismissal of the habeas petition was affirmed, and the stay of execution was vacated.
Topics
Practice areas
Questions Presented
- Whether petitioner exhausted Indiana's state appellate remedies before seeking federal habeas relief
- Whether a fugitive's escape forfeits his right to pursue a habeas petition in federal court
Holdings
- Petitioner did not exhaust the available state remedies because his escape barred him from pursuing the appeal.
- Escape from custody forfeits the right to obtain relief in federal court because the petitioner lacks standing and has not exhausted state remedies.
Key quotations
“"If a prisoner escapes he is not entitled during the period he is a fugitive to any standing in court or to file any plea or ask any consideration from such court."” (at 901)
“"Courts do not grant new trials on the basis of bargaining with a defendant at large. It is an affront to the court, and contemptuous to express such assumption."” (at 902)
Factual background
Leslie Irvin was convicted of murder in Gibson County, Indiana, sentenced to death, and escaped from jail on January 18, 1956. While at large he filed a motion for a new trial, which the trial court overruled. The Indiana Supreme Court affirmed that denial. Irvin then sought federal habeas relief, claiming constitutional violations.
Procedural history
The district court dismissed Irvin's habeas petition for failure to exhaust state remedies. Irvin appealed; the Seventh Circuit reviewed the dismissal. The Indiana Supreme Court had previously affirmed the trial court's denial of a motion for a new trial after Irvin escaped custody.