Overstreet v. Superintendent

Full title: MICHAEL DEAN OVERSTREET, Petitioner, v. SUPERINTENDENT, Respondent

Court: United States District Court, N.D. Indiana, South Bend Division

CAUSE NO. 3:08-CV-226 PS.

Date published: Mar 4, 2011

Fact:

Around midnight on September 26, 1997, Michael Dean Overstreet abducted, confined, raped, and murdered 18-year-old Kelly Eckart as she was coming home from work. Overstreet was 30 years old, married with four children, and was out drinking that night. He had a history of mental illness. Overstreet was charged with capital murder, and the case against him was very strong. His DNA was found on Eckart, and there was an abundance of other evidence. Overstreet claims to have no memory of the night. The sentencing judge acknowledged that Overstreet suffered from an extreme mental disorder which she found substantially impaired his ability to appreciate the criminality of his conduct and to conform his conduct to the requirements of the law. Nevertheless, she found that the aggravating circumstances outweighed the mitigating circumstances and sentenced him to death.

In the present petition for a writ of habeas corpus, Overstreet raises eleven grounds for relief, many of which have several subparts. But after thoroughly reviewing the state court record, I can find no basis upon which to grant relief. Therefore, the habeas corpus petition will be denied. 

Issue:

CONCLUSION:

For the foregoing reasons, (1) the Motion for Discovery (ECF 39) is DENIED; (2) the petition for a writ of habeas corpus (ECF 16) is DENIED; and (3) a certificate of appealability is GRANTED as to Grounds I, II, IV, VII and XI, but DENIED as to Grounds III, V, VI, VIII, IX and X. The Clerk shall enter judgment accordingly.

SO ORDERED.

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