Opinion
02S00-0508-PD-350 24S-SD-222
12-05-2024
Joseph E. Corcoran, Petitioner, v. State of Indiana, Respondent.
Trial Court Case No. 02D04-9707-CF-465
PUBLISHED ORDER
Loretta H. Rush, Chief Justice of Indiana
On November 15, 2024, counsel for Joseph E. Corcoran filed two "Motion[s] for Stay of Execution" and two petitions seeking permission from this Court to litigate on successive postconviction review: (1) whether Corcoran's execution would violate the Eighth and Fourteenth Amendments to the United States Constitution or Article One, Section 16 of the Indiana Constitution; and (2) whether he is currently competent to be executed pursuant to Panetti v. Quarterman, 551 U.S. 930 (2007) and Ford v. Wainwright, 477 U.S. 399 (1986). On November 26, 2024, the State filed a response in opposition to all of the motions and petitions filed by Corcoran's counsel. On December 3, 2024, the Court received an Affidavit from Corcoran, postmarked November 22, 2024. That same day, Corcoran's counsel filed a Reply in Support of Motions to Stay and Motions for Permission to File Successive Petitions for Post-Conviction Relief.
Having considered the matter before us, the "Motion[s] for Stay of Execution" and the petitions seeking permission to litigate successive post-conviction relief claims are DENIED. The Court will promptly issue a written opinion explaining its reasons.
Done.
Massa, Slaughter, and Molter, JJ., concur.
Rush, C.J., and Goff, J., dissent.