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Michael Dean Overstreet - Indiana Death Row
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Thread: Michael Dean Overstreet - Indiana Death Row

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    Michael Dean Overstreet - Indiana Death Row


    Kelly Eckart


    Michael Dean Overstreet


    Summary of Offense:

    Kelly Eckart, a Franklin College student from rural Boggstown, Indiana, disappeared September 26, 1997, after leaving her job at the Franklin Wal-Mart to drive home. Her body was found September 30 in a ravine in rural Brown County. She had been raped and strangled.
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    Overstreet wins stay of execution

    A federal judge on Tuesday granted a stay of execution for a man scheduled to die by lethal injection May 30 for raping and killing a Franklin College freshman in 1997.

    The order by Judge Philip Simon specifies that Michael Overstreet of Franklin cannot be executed until after Aug. 10. It is expected he won't face execution until well after that, however, because his attorney last week indicated that Overstreet plans to pursue federal appeals he has remaining. Attorney Marie F. Donnelly argued that Overstreet had ineffective counsel at trial who failed to present evidence of Overstreet's mental illness and failed to object when spectators at the trial wore buttons with pictures of the murder victim on them. She also argues that Overstreet is not competent to be executed.

    No evidence of Overstreet's mental illness was presented during his 4-week trial, though he had been diagnosed.

    Overstreet, 42, was convicted in 2000 of abducting, raping and murdering 18-year-old Kelly Eckart, who was from Boggstown in Shelby County. She was driving home from work the night of Sept. 26, 1997, when she was abducted from her car at an intersection.

    The stay was the 2nd granted in recent weeks for an Indiana death row inmate. On April 21, U.S. District Judge Richard L. Young issued a 90-day stay for Benjamin Ritchie.

    Ritchie, 28, of Indianapolis was running from officers after crashing a stolen van when he killed Officer William Toney, a police officer in the Indianapolis suburb of Beech Grove. Prosecutors said Ritchie fired 4 shots from a handgun as Toney hopped over a fence. One bullet hit Toney just above his protective vest, killing him within minutes.

    (Source: The Associated Press)

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    Administrator Moh's Avatar
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    On June 6, 2011, Overstreet filed an appeal in the US Seventh Circuit Court of Appeals over the denial of his habeas petition in Federal District Court.

    http://dockets.justia.com/docket/cir...s/ca7/11-2276/

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    Michael D. Overstreet v. Bill Wilson

    A federal appeals court has upheld the death penalty for an Indiana man convicted of raping and killing a Franklin College freshman in 1997.

    The 7th U.S. Circuit Court of Appeals in Chicago Wednesday voted 2-1 to affirm 45-year-old Michael Overstreet's death sentence.

    The court rejected Overstreet's arguments that his lawyers should have protested the presence of spectators wearing buttons supporting the victim and didn't present adequate evidence of his mental illness.

    Overstreet was convicted in 2000 of abducting, raping and murdering 18-year-old Kelly Eckart in 1997. She was found in a ravine in Brown County, strangled with a bullet wound in her head.

    The case led to passage of a state law that allows murder victims' relatives to read statements in court after a judge has announced the sentence.

    http://www.sfgate.com/news/article/F...er-3699547.php
    An uninformed opponent is a dangerous opponent.

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    Moderator MRBAM's Avatar
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    Does anyone know of the process of who, how and when an X date might get set?

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    Senior Member CnCP Legend JLR's Avatar
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    One will probably be set after cert is denied.

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    Administrator Moh's Avatar
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    On September 21, 2012, the US Seventh Circuit Court of Appeals DENIED Overstreet's petition for a rehearing en banc.

    http://www.supremecourt.gov/Search.a...es/12-8413.htm

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    In today's United States Supreme Court orders, Overstreet's petition for a writ of certiorari was DENIED.

    Lower Ct: United States Court of Appeals for the Seventh Circuit
    Case Nos.: (11-2276)
    Decision Date: July 11, 2012
    Rehearing Denied: September 21, 2012

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    Senior Member Member Shep3's Avatar
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    How long till IN sets the date?

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    Michael Overstreet execution order to be reviewed

    The Indiana Supreme Court has granted a new hearing for a man facing the death for the abduction and slaying of a former Franklin College coed.

    A ruling issued Tuesday ordered a new hearing for Michael Dean Overstreet, who was convicted and sentenced to death in the killing of Kelly Eckart, 18, of Boggstown.

    Eckart, a Franklin College student at the time, was abducted, raped and murdered in 1997. A Johnson County jury convicted Overstreet of Eckart's murder in May 2000. He is on Indiana's Death Row.

    The Supreme Court gave the Johnson Superior Court a deadline of March 3 to provide a final judgment on new claims by Overstreet’s attorney and a psychiatrist. They argued the convicted killer “does not have, and does not have the ability to produce, a rational understanding of why the State of Indiana plans to execute him.”

    The state had opposed the request for a new hearing, and instead asked the court to set an execution date.

    The Eight Amendment prohibits the state from executing a person who is deemed insane. Legal rulings addressing that threshold cite a person being “unaware of the punishment they are about to suffer or why the are to suffer it” and unable to understanding the link between a crime and its punishment in a context far removed from reality,” the court order explains.

    Overstreet’s conviction already has been appealed and upheld so the new hearing is focused solely on whether or not he should be executed.

    Overstreet abducted and killed Eckart on Sept. 26, 1997 shortly after leaving work at a Franklin Wal-Mart. Her body was found in a ravine in Brown County. She had been strangled and shot in the forehead.

    DNA evidence linked Overstreet to the crime.

    Fibers from a blanket used to wrap Eckart's body were found on Overstreet's shirt, police said.

    According to testimony, Overstreet was seen carrying that blanket from the Atterbury Fish and Wildlife Area just hours after Eckart's abduction. Police later confiscated the blanket from Overstreet's Franklin home.

    Also, police said they found a hand-drawn map of the location of Eckart's body in Overstreet's home several days after her body had been found.

    Authorities said during Overstreet's trial that he did not know Eckart, but somehow tricked her into stopping her car on a rural Johnson County road. Her car was found with the headlights on, keys in the ignition.

    http://www.indystar.com/article/2013...order-reviewed
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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