Holmes v. Neal

Defendant was found guilty in state court of two counts of murder, one count of attempted murder, one count of robbery, and one count of conspiracy to commit robbery. The jury was unable to reach a unanimous decision on whether to recommend the death penalty and in the absence of that recommendation, the trial court imposed the death sentence anyway. While defendant pursued post-conviction proceedings the Indiana legislature amended its death penalty statute and defendant requested leave to file a second state post-conviction petition for relief based on the revisisons to the state law. The state supreme court denied that request and defendant filed a federal habeas petition. The district court dismissed the petition as being second or successive and defendant appealed. The Seventh Circuit disagreed that the petition was a second or successive petition within the meaning of 28 U.S.C. § 2244(b), but nevertheless affirmed by finding that the supreme court’s denial of defendant’s petition did not offend the Equal Protection Clause. (SYKES, concurring and JACKSON-AKIWUMI, specially concurring)