Public comments open for recommendations on death penalty rule, state to address mental illness defense for death row inmate

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The Commission on Court Appointed Attorneys is requesting public comment on recommendations to the state’s death penalty rule.

The request for public comment on the recommendations comes after Gov. Eric Holcomb and Attorney General Todd Rokita motioned for the high court to set an execution date for prisoner Joseph Corcoran.

The Indiana Public Defender responded to the motion on Thursday citing Corcoran’s mental illness should preclude him from execution.

The Indiana Supreme Court filed an order Friday giving the state until July 19 to address the merits of the appellant’s response.

The recommendations create a new qualifications section for post-conviction relief, and changes language to have “no fewer than two” in a capital case.

The recommendations also allow for the hourly rate on a capital case to adjust during the life of the case, clarify when an existing public defender contract may be adjusted by the trial court to account for the assignment of a death penalty case and updates the methodology for certifying a salaried public defender’s compensation compliance to the high court.

On appeal, it requires two attorneys with the trial counsel only allowed as co-counsel.

The commission also recommends updates on the state agencies notified when the Indiana Supreme Court is notified of a death penalty request filing.

Comments can be submitted to [email protected] by Aug. 9.

The commission plans to submit its final recommendations to the Indiana Supreme Court for consideration after is meeting on Sept. 18.

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