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In a split decision, Indiana’s Supreme Court justices issued an order Thursday evening denying requests by death row inmate Joseph Corcoran’s lawyers to delay his impending execution date and allow for his case to be reviewed or his sentence overturned.
Corcoran, however, said in a recent letter to the court that he has “no desire nor wish[es] to engage in further appeals or litigation whatsoever.” With his “own free will” and “without coercion or promise of anything,” he asked the court to withdraw his counsel’s motions.
In the order, Chief Justice Loretta Rush said requests by Corcoran’s legal team to stay his execution — as well as petitions seeking permission to litigate late-term post-conviction review — were denied 3-2.
Justices Mark Massa, Geoffrey Slaughter and Derek Molter concurred. Rush and Justice Christopher Goff dissented.
But a decision explaining the ruling was not issued Thursday. Rather, Rush said the court “will promptly issue a written opinion explaining its reasons.” It’s not clear when that document will become available.
The decision likely leaves Corcoran’s fate in a federal judge’s hands. The inmate’s federal defense attorney, Larry Komp, told the Indiana Capital Chronicle Thursday evening that Corcoran’s legal team plans to file the necessary appeal documents once the state’s high court’s opinion is released.
“We’re disappointed, but we’re certainly hopeful that with two dissents, that demonstrates how difficult these facts are,” Komp said. “We’re hopeful that the federal court will see it our way.”
Komp emphasized “it’s hard to challenge something when you don’t know the reason for it.” He said that Corcoran’s legal team is especially interested in the opinions of the dissenting justices.
“We’ll have to see what they say — and what the dissents say,” Komp continued, adding that he thought the state’s high court would at least order a new evaluation of Corcoran’s mental state and competency, as the justices have in other death sentence challenges.
“You can’t make this determination without full and fair opportunity and meaningful due process,” Komp said. “From our perspective, from the vote of 3-2, Indiana has decided not give us a meaningful process and meaningful due process. That lack of process, we think, will help us in federal court.”
In the brief order issued by Indiana’s Supreme Court, Rush noted that justices took into account the various filings from Corcoran’s attorneys and the state.
She also referenced an affidavit sent by Corcoran on Nov. 22 and received by the court on Dec. 3.
A copy of the hand-written letter, obtained by the Capital Chronicle, shows Corcoran’s opposition to any action that could take him off death row.
“My assigned counsel has petitioned this Court on my behalf. They seek to further litigate this case. Their goal, which was explained to me by my counsel, is to delay any and all executions through endless litigation. They hope to set a precedent so all future death penalty cases can be endlessly litigated, effectively putting an end to all executions,” Corcoran wrote.
“I, Joseph Edward Corcoran, do not wish to litigate my case further,” he continued. “I am guilty of the crime I was convicted of, and accept the findings of all the appellate courts. The long, drawn out appeal history has addressed all the issues I wished to appeal, such as the issue of competency. Therefore, I am hereby making this statement to the Court through this affidavit: I do not wish to proceed with more and/or endless litigation. Thus, I urge this Court to not accept my counsel’s motion and petition to litigate further.”
Corcoran’s execution is currently scheduled to take place in two weeks, before sunrise on Dec. 18.
He also gave a detailed recitation of what will happen.
“I understand that if this court rejects my counsel’s petition the death warrant will be carried out. I will then be put to death for the heinous crime I committed. I understand that the execution will end my life. I understand medically my heart will stop and all brain activity will cease … I understand the execution, in the interest of judgment, serves as both a punishment and a deterrent.”
Although Corcoran’s guilt is not in question, his long-term mental illness has been at the heart of efforts to block the execution.
So far, Corcoran has been unwilling to sign the necessary paperwork to initiate a clemency review or other avenues that could result in his removal from death row.
The inmate’s attorneys point to a diagnosis of paranoid schizophrenia and delusions that he has about ultrasound machines controlling him and his thoughts. But attorneys for the state say he is competent to be put to death.
Indiana Attorney General Todd Rokita has adamantly rejected requests to put the execution on hold.
It will be the first state execution since 2009 after officials finally obtained the drug necessary to carry out the lethal injection.
Earlier Thursday, Fort Wayne Republican Rep. Bob Morris called on Gov. Eric Holcomb to block Corcoran’s execution — and death sentences for Indiana’s seven other death row inmates. It remains unclear what, if any, action the outgoing Republican governor could take to delay or overturn Corcoran’s death warrant.
The Indiana Capital Chronicle is an independent, not-for-profit news organization that covers state government, policy and elections.
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