United States Seventh Circuit

District court's determination that a death-row inmate is competent to participate in the habeas proceeding is reversed and remanded with instructions to suspend the habeas corpus proceeding unless and until the state provides substantial evidence that defendant's psychiatric illness has abated, or its symptoms are sufficiently controlled, to justify the resumption of the proceeding.

Appellate Information

• Argued 10/11/2007
• Decided 04/02/2010
• Published 04/02/2010

Judges

• POSNER, Circuit Judge., Before POSNER, FLAUM, and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Michael J. Benza (argued), Cleveland, OH, Kathy Lea Stinton-Glen, Zionsville, IN, for Petitioner-Appellant.


• For Appellees:
  
• James B. Martin (argued), Stephen R. Creason, Steve Carter, Office of the Attorney General, Indianapolis, IN, for Respondent-Appellee.