Corcoran v. Wilson, Nos. 07–2093

CourtU.S. Court of Appeals — Seventh Circuit
Writing for the CourtBefore BAUER, WILLIAMS, and SYKES, Circuit Judges.
Citation651 F.3d 611
Decision Date03 January 2011
Docket Number07–2182.,Nos. 07–2093
PartiesJoseph E. CORCORAN, Petitioner–Appellee/Cross–Appellant,v.Bill WILSON, Superintendent, Respondent–Appellant/Cross–Appellee.

651 F.3d 611

Joseph E. CORCORAN, Petitioner–Appellee/Cross–Appellant,
v.
Bill WILSON, Superintendent, Respondent–Appellant/Cross–Appellee.

Nos. 07–2093

07–2182.

United States Court of Appeals, Seventh Circuit.

Submitted Jan. 3, 2011.*Decided June 23, 2011.


[651 F.3d 611]

Appeals from the United States District Court for the Northern District of Indiana, South Bend Division. No. 3:05–CV–389—Allen Sharp, Judge.Alan M. Freedman, Attorney, Midwest Center for Justice, Ltd., Evanston, IL, Laurence E. Komp, Attorney, Manchester, MO, for Petitioner–Appellee and Cross–Appellant.

[651 F.3d 612]

James Blaine Martin, Attorney, Stephen R. Creason, Attorney, Office of the Attorney General, Indianapolis, IN, for Respondent–Appellant and Cross–Appellee.Before BAUER, WILLIAMS, and SYKES, Circuit Judges.PER CURIAM.

This habeas case returns to us from the Supreme Court for a second time. See Wilson v. Corcoran, ––– U.S. ––––, 131 S.Ct. 13, 178 L.Ed.2d 276 (2010); Corcoran v. Levenhagen, ––– U.S. ––––, 130 S.Ct. 8, 175 L.Ed.2d 1 (2009). Joseph Corcoran's capital case has a complex history in state and federal court, which we set forth more completely in our two prior opinions, see Corcoran v. Levenhagen, 593 F.3d 547 (7th Cir.2010), and Corcoran v. Buss, 551 F.3d 703 (7th Cir.2008), and will repeat here only as necessary to correct the mistakes the Supreme Court has identified and get the case back on track.

In 1997 Joseph Corcoran shot and killed four men. An Indiana jury convicted him of four counts of murder and recommended a sentence of death. The state trial court agreed and imposed the death penalty. On direct appeal Corcoran raised several challenges to his sentence. The Indiana Supreme Court rejected most of these arguments, but vacated the sentence after finding that the trial court might have violated Indiana law by weighing non-statutory aggravating factors when deciding whether to impose the death penalty. See Corcoran v. State, 739 N.E.2d 649, 657–58 (Ind.2000). On remand the state trial court reimposed the death sentence with an explanatory order, and the Indiana Supreme Court affirmed. Corcoran v. State, 774 N.E.2d 495, 498–99 (Ind.2002). Corcoran waived state post-conviction relief after the trial court found him competent to forego further challenges to his sentence; the Indiana Supreme Court affirmed this determination as well. Corcoran v. Buss, 551 F.3d at 706. He later changed his mind and tried to file a petition for post-conviction relief. The trial court dismissed the petition as untimely, and the Indiana Supreme Court affirmed. Id. at 707.

The case then moved to federal court. Corcoran filed a habeas petition in the United States District Court for the Northern District of Indiana raising multiple claims. But he vacillated again and made an effort to withdraw this petition. Id. The district court rejected this attempt and eventually considered two of Corcoran's claims for relief. The court held that (1) the Indiana courts had reasonably concluded that Corcoran was competent to waive his state post-conviction remedies; and (2) the prosecutor violated the Sixth Amendment by offering to forego the death penalty if Corcoran would waive his right to a jury trial. The court granted...

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12 practice notes
  • Corcoran v. Buss, CAUSE NO. 3:05-CV-389 JD
    • United States
    • United States District Courts. 7th Circuit. United States District Court of Northern District of Indiana
    • 10 January 2013
    ...Court's vacatur and remand, the Seventh Circuit Court of Appeals took up the case for a third time. In that opinion, Corcoran v. Wilson, 651 F.3d 611 (7th Cir. 2011), the Seventh Circuit reinstated its first decision, 551 F.3d 703, "to the extent that it (1) reversed the district court......
  • Opela v. Wausau Window & Wall, 17–cv–124–wmc
    • United States
    • United States District Courts. 7th Circuit. Western District of Wisconsin
    • 31 August 2017
    ...defendant is liable for the misconduct alleged." Id. (citing Twombly , 550 U.S. at 556, 127 S.Ct. 1955 ); McCauley v. City of Chi. , 651 F.3d 611, 615 (7th Cir. 2011) (following the plausibility standard articulated in Iqbal and Twombly ).15 A. Definition of Consumer Products The parti......
  • Munson v. Chandler, No. 12 C 07566
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
    • 24 March 2014
    ...state law, state court evidentiary rulings rarely will serve as grounds for granting a writ of habeas corpus."); Corcoran v. Wilson, 651 F.3d 611, 613 (7th Cir. 2011) (noting that error of state sentencing law does not warrant habeas relief absent a federal violation); Koo v. McBride, ......
  • Corcoran v. Neal, No. 13–1318.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • 14 April 2015
    ...and federal court, most of which is not relevant here and can be found in our earlier opinions. See Corcoran v. Wilson (“Corcoran XI ”), 651 F.3d 611 (7th Cir.2011) ; Corcoran v. Levenhagen (“Corcoran IX ”), 593 F.3d 547 (7th Cir.2010) ; and Corcoran v. Buss (“Corcoran VII ”), 551 F.3d 703 ......
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12 cases
  • Corcoran v. Buss, CAUSE NO. 3:05-CV-389 JD
    • United States
    • United States District Courts. 7th Circuit. United States District Court of Northern District of Indiana
    • 10 January 2013
    ...Court's vacatur and remand, the Seventh Circuit Court of Appeals took up the case for a third time. In that opinion, Corcoran v. Wilson, 651 F.3d 611 (7th Cir. 2011), the Seventh Circuit reinstated its first decision, 551 F.3d 703, "to the extent that it (1) reversed the district court......
  • Opela v. Wausau Window & Wall, 17–cv–124–wmc
    • United States
    • United States District Courts. 7th Circuit. Western District of Wisconsin
    • 31 August 2017
    ...defendant is liable for the misconduct alleged." Id. (citing Twombly , 550 U.S. at 556, 127 S.Ct. 1955 ); McCauley v. City of Chi. , 651 F.3d 611, 615 (7th Cir. 2011) (following the plausibility standard articulated in Iqbal and Twombly ).15 A. Definition of Consumer Products The parti......
  • Munson v. Chandler, No. 12 C 07566
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
    • 24 March 2014
    ...state law, state court evidentiary rulings rarely will serve as grounds for granting a writ of habeas corpus."); Corcoran v. Wilson, 651 F.3d 611, 613 (7th Cir. 2011) (noting that error of state sentencing law does not warrant habeas relief absent a federal violation); Koo v. McBride, ......
  • Corcoran v. Neal, No. 13–1318.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • 14 April 2015
    ...and federal court, most of which is not relevant here and can be found in our earlier opinions. See Corcoran v. Wilson (“Corcoran XI ”), 651 F.3d 611 (7th Cir.2011) ; Corcoran v. Levenhagen (“Corcoran IX ”), 593 F.3d 547 (7th Cir.2010) ; and Corcoran v. Buss (“Corcoran VII ”), 551 F.3d 703 ......
  • Request a trial to view additional results

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