No. 18-9825

Shepell Orr v. Ron Neal, Superintendent, Indiana State Prison

Lower Court: Seventh Circuit
Docketed: 2019-06-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 14th-amendment-equal-protection 4th-amendment 4th-amendment-seizure 5th-amendment 5th-amendment-due-process 6th-amendment 6th-amendment-fair-trial 8th-amendment-cruel-punishment circuit-court-conflict fifth-amendment fourteenth-amendment fourth-amendment ineffective-assistance-of-counsel sixth-amendment sudden-heat
Key Terms:
DueProcess FourthAmendment HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (from Petition)

1) Whether or not the 7th Circuit Court of Appeals has entered a decision (May
08, 2019) in conflict with another decision previously made in the United
States Court of Appeals in and for the 7th Circuit 1 on an important matter;
[and] has decided an important federal question in a way that conflicts with a
decision by a State Court of last resort (i.e. the Indiana State Supreme Court)
and has so far departed from the accepted and usual course of judicial
proceedings and has sanctioned such a departure by the lower court(s) in this
matter in a way that conflicts with relevant decisions of this United States
Supreme Court as to call for an exercise of this Court 's supervisory power and
Judicial Review.

2) Whether or not the Petitioner was seized illegally and held in violation of the
4th amendment to the United States Constitution and the denial of a fair and
impartial trial by jury in violation of the 5th, 6th and 14th amendment(s) to the
United States Constitution, in relation to claim(s) made in any and all the
following Cause Number(s);

STATE OF INDIANA (Plaintiff) v. SHEPELL ORR (Defendant)
45G01 '1001-MR-0i; Lake County, Indiana Trial Cause;
(Specifically that the Petitioner Shepell Orr at trial suffered undue and
unfair prejudice when trial counsel failed to challenge the instructions re:
voluntary manslaughter as codified under Indiana Code § 35-42-1-3
subsection (a) (l); "A person who knowingly or intentionally kills another
while acting under sudden heat commits voluntary human being,
manslaughter, a Level 2 felony (formerly a Class 'A' felony as applies to the
Petitioner under the Indiana 'savings clause ' noted in Indiana Code § 1 et
seq.), and that relative to Indiana Code § 35-42-1-3 subsection (b), the
existence of sudden heat is a mitigating factor that reduces what otherwise
would be murder under Indiana Code § 35-42-1-1(1) of this chapter to
voluntary manslaughter. " As applies to Petitioner formerly under Indiana
Public Law No. 261-1997 § 1, and has been subsequently amended under
Indiana Public Law No(sX 158-2013 § 413; 203-2018 § 2 (Emphasis provided
by the Petitioner for brevity).

SHEPELL ORR (Appellant) v.. STATE OF INDIANA (Appellee)
45A03-1107-CR-308; Direct Review; Indiana Court of Appeals
(Specifically that the Petitioner Shepell Orr on direct review suffered undue
and unfair prejudice when appellate counsel failed to raise the issue(s) and to
actively challenge the instructions re: voluntary manslaughter as codified
under Indiana Code § 35-42-1-3 subsection (a) (l); that; (A person who
while acting knowingly or intentionally kills another human being

under sudden heat commits voluntary manslaughter, a Level 2 felony
(formerly a Class 'A' felony as applies to the Petitioner under the Indiana
'savings clause' noted in Indiana Code § 1 et seq.), and that relative to
Indiana Code § 35-42-1-3 subsection (b) , the existence of sudden heat is a

Question Presented (AI Summary)

Whether the 7th Circuit Court of Appeals' decision conflicts with another circuit court decision and a state court decision, and whether the petitioner was seized illegally and denied a fair trial

Docket Entries

2019-10-07
Petition DENIED.
2019-07-25
DISTRIBUTED for Conference of 10/1/2019.
2019-07-22
Waiver of right of respondent Ron Neal to respond filed.
2019-06-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 29, 2019)

Attorneys

Ron Neal
Stephen Richard Creason — Respondent
Shepell Orr
Shepell Orr — Petitioner