No. 18-287

Ron Neal, Superintendent, Indiana State Prison v. Frederick Michael Baer

Lower Court: Seventh Circuit
Docketed: 2018-09-05
Status: Denied
Type: Paid
Relisted (3) Experienced Counsel
Tags: antiterrorism-act antiterrorism-and-effective-death-penalty-act deferential-review habeas-corpus habeas-relief indiana-supreme-court ineffective-assistance ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct strickland-standard strickland-v-washington
Key Terms:
HabeasCorpus Punishment
Latest Conference: 2018-11-30 (distributed 3 times)
Question Presented (AI Summary)

Did the Seventh Circuit violate the deferential review requirements of the Antiterrorism and Effective Death Penalty Act by disregarding the reasoned decision of the Indiana Supreme Court denying Baer's Strickland claims?

Question Presented (OCR Extract)

QUESTION PRESENTED During the closing arguments of Fredrick Michael Baer’s double-murder trial, the prosecutor argued that Baer’s rough upbringing did not diminish the enormity of his crime: the brutal murder of a young mother and her four-year-old daughter. The prosecutor made the point by informing the jury of his own tough childhood and observing that, although his mother was a prostitute who succumbed to a drug overdose, he still became a county prosecutor. The Seventh Circuit seized on this remark and granted Baer habeas relief, concluding that Baer received constitutionally inadequate assistance under Strickland v. Washington, 466 U.S. 668 (1984), because his counsel did not allege prosecutorial misconduct or challenge certain jury instructions. It held that the Indiana Supreme Court, which had specifically rejected both of these claims, unreasonably applied Strickland. The question presented is: Did the Seventh Circuit violate the deferential review requirements of the Antiterrorism and Effective Death Penalty Act by disregarding the reasoned decision of the Indiana Supreme Court denying Baer’s Strickland claims?

Docket Entries

2018-12-03
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
2018-12-03
Petition DENIED.
2018-11-26
DISTRIBUTED for Conference of 11/30/2018.
2018-11-15
Rescheduled.
2018-11-13
DISTRIBUTED for Conference of 11/16/2018.
2018-11-08
Rescheduled.
2018-10-24
DISTRIBUTED for Conference of 11/9/2018.
2018-10-17
Reply of petitioner Ron Neal filed.
2018-10-05
Brief of respondent Frederick M. Baer in opposition filed.
2018-10-05
Motion for leave to proceed in forma pauperis filed by respondent Frederick M. Baer.
2018-08-31
Petition for a writ of certiorari filed. (Response due October 5, 2018)
2018-06-15
Application (17A1377) granted by Justice Kagan extending the time to file until August 31, 2018.
2018-06-13
Application (17A1377) to extend the time to file a petition for a writ of certiorari from July 3, 2018 to August 31, 2018, submitted to Justice Kagan.

Attorneys

Frederick M. Baer
Marie Frances DonnellyAttorney at Law, Respondent
Marie Frances DonnellyAttorney at Law, Respondent
Ron Neal
Thomas M. FisherOffice of the Indiana Attorney General, Petitioner
Thomas M. FisherOffice of the Indiana Attorney General, Petitioner