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Federal Court Stays Texas Execution After Appeal Lawyer Abandons Prisoner

Texas federal appeals court has upheld the ruling by a U.S. district court judge to stay the execution of John Henry Ramirez, who had been scheduled to be executed in Texas on February 2. The District Court had ruled that Ramirez was entitled to a stay so new lawyers could seek clemency on his behalf after Michael Gross, the lawyer initially appointed to represent Ramirez in his state and federal habeas corpus proceedings, had failed to file a clemency petition and left Ramirez "effectively without counsel" at the time of his death warrant. The court did not rule on a second issue alleged by Ramirez's new counsel, that Gross had an inherent conflict of interest in the case because he had provided ineffective representation in state court and could not be expected to litigate his own ineffectiveness as part of the federal habeas corpus proceedings. After the federal courts denied his habeas petition, Ramirez informed Gross that he wanted to replace him as counsel, and asked him not to file a clemency petition because he wanted his new attorney to do that. The district court held that "Gross had a duty to either (1) inform the Court of his client’s wishes and seek the substitution of new counsel or (2) ensure that a clemency petition was filed on his client’s behalf. Gross did neither. Gross’ inaction prevented judicial consideration of whether the circumstances required the substitution of counsel." The court also noted that Gross had previously failed to file key motions in the death penalty case of John Battaglia, requiring the courts to issue a stay of execution in December 2016 in that case. In Battaglia's case, Gross had refused to filed a state competency petition, saying that fell "outside the scope" of his representation. The Texas Attorney General's Office appealed Ramirez's stay to the U.S. Court of Appeals for the Fifth Circuit, arguing that Gross's action constituted "gamesmanship," not abandonment. A three-judge panel of the court disagreed and dismissed the state's motion to vacate the stay. 


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Missouri Set to Execute Death Row Prisoner Who Was Denied Federal Review

Missouri plans to execute Mark Christeson (pictured) on January 31, without his case ever receiving substantive review in a federal court. Christeson's appellate attorneys effectively abandoned him, failing to meet with him until a month after the filing deadline in his case had already passed. They filed his federal appeal four months late. As a result, the federal court rejected it as untimely. New attorneys offered to represent him, since the attorneys who missed the filing deadline could not effectively argue his case without admitting their own error. Two federal courts rejected the substitution before the U.S. Supreme Court granted it. A federal district court then, without explanation, denied nearly all the funding requested by his new attorneys to reinvestigate the case. In 2016, a group of former judges and three of the nation's leading criminal defense organizations filed amicus briefs with the U.S. Court of Appeals for the Eighth Circuit, urging the court to grant Christeson the funding necessary to prepare his case. His attorneys say that evidence of Christeson's intellectual impairments and abusive upbringing were never presented to a jury. On January 18, 2017, the Eighth Circuit ordered the federal district court to “convene promptly a limited evidentiary hearing on the question of abandonment.” U.S. District Judge Dean Whipple found that the missed filing deadline did not constitute abandonment and denied Christeson a stay of execution. The Missouri federal district courts have been notable for their failure to intervene in a string of controversial executions, including the cases of Cecil Clayton, Andre Cole, and Richard Strong, but according to the Columbia Daily Tribune, Christeson would be the first person executed in Missouri in the modern era of the death penalty to have had no federal appeals. [UPDATE: The U.S. Supreme Court denied Christeson's petition for certiorari and motion for stay of execution and he was executed on January 31.]


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Alabama Faith Leaders Hold Panel on Death Penalty, Spotlight 'Rocky' Myers' Case of Possible Innocence

Inspired by the case of Robin "Rocky" Myers (pictured), an intellectually disabled and possibly innocent Alabama death row prisoner whom an elected state judge sentenced to death despite a 9-3 jury recommendation for life, a panel of faith leaders gathered in Montgomery, Alabama to discuss religious views on the death penalty and the intersection of faith and justice. Before the discussion began, the faith leaders and the audience viewed a screening of a new documentary on Myers' case describing why his lawyers believe he is innocent. The documentary explained that no forensic evidence links Myers to the crime and that the prosecution witness who identified him has since recanted his testimony. Myers' case also highlights other problems in the death penalty system. A neuropsychologist who evaluated Myers diagnosed him with intellectual disability, a condition that would make him ineligible for execution, but courts have not granted him relief. His disability hindered Myers' opportunities to have his appeals heard. His attorney abandoned him without notice, and Myers, who cannot read, did not know his appeal deadlines had expired until a fellow inmate read him a notification letter from the state. Finally, Myers' jury voted 9-3 that he should be sentenced to life, but—in a practice no state other than Alabama still allows— the trial judge overrode the jury's recommendation and sentenced Myers to death. After the film presented Myers' story, leaders from a variety of faith traditions led a discussion about justice and capital punishment. The multi-faith panel included representatives of Christianity, Judaism, and Islam and featured Rabbi Elliot Stevens, Sister Gilda Marie Bell, a Catholic nun of the Sisters of the Blessed Sacrament, and Aya Zaied, a youth leader for the East Montgomery Islamic Society. Zaied summarized Islamic views on the issue, saying, "If you claim Islam, … then justice is your responsibility. We try to teach that to our children really young so they understand if (someone is) hurting, then I’m hurting. We’re all in this together."


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Texas Set to Execute Christopher Wilkins Despite Lawyers' Conflicts of Interest

Christopher Wilkins (pictured) is scheduled to be executed in Texas on January 11, even as he has a petition pending before the U.S. Supreme Court arguing that he has been improperly denied the opportunity to develop and present evidence that he suffers from significant cognitive deficits. Wilkins' Supreme Court petition asserts that his trial lawyer, Wesley Ball, who later withdrew from the case because of a potential conflict of interest, barely conducted any investigation into the case until just before jury selection and ignored a recommendation from a defense psychologist that Wilkins' mental functioning should be evaluated because he suffered from several cognitive deficits and was exposed to LSD as as a child, in addition to having other risk factors for brain damage. Wilkins' state post-conviction lawyer, Jack Strickland—who was responsible for investigating and presenting new evidence in the case—accepted a position with the prosecutor's office while representing Wilkins before filing a habeas application for Wilkins that only presented claims that had been procedurally barred or that were not reviewable. Wilkins repeatedly tried to fire Strickland but the state court refused to appoint new counsel and dismissed Wilkins' habeas petition. The federal district court judge then refused to provide Wilkins' federal lawyer funding to investigate his case, gave him only 45 days to prepare his federal habeas petition, and then denied the petition because Wilkins had not presented the evidence he says an investigation would have developed. When Wilkins' current lawyer filed a new petition in state court, the Texas courts refused to consider it, saying the evidence should have presented in his first habeas petition. Judge Elsa Alcala of the Texas Court of Criminal Appeals dissented, writing that Strickland "appears to have wholly failed to act as counsel" for Wilkins, and that the defective petition Strickland filed should have been considered "a nullity." Wilkins' petition in the United States Supreme Court argues that federal law entitles him to investigative and expert services that are "reasonably necessary" to assist him in developing the factual basis for his habeas corpus claims, and that the Texas federal court rulings denying him that assistance are out of step with the practices of other federal circuits. If Wilkins is executed, he will be the first person executed in the United States in 2017. [UPDATE: The U.S. Supreme Court denied Wilkins' petition for writ of certiorari and motion for stay of execution on January 11 and Texas executed him that evening.]


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