Criminal Law

Judge delays 114 habeas cases

Posted on November 23, 2008
From Scotus BlogJudge delays 114 habeas cases Friday, November 21st, 2008 4:23 pm | Lyle Denniston The federal judge coordinating 114 habeas cases, involving some 200 Guantanamo Bay detainees, on Friday lifted temporarily the timelines he had laid down for key filings by one or both sides, effectively delaying most if not all of those cases...

Date Set for Davis Oral Arguments - Odette Yousef

Posted on November 23, 2008
This article is more clear than others about what Troy's lawyers legally must prove to win another round of appeals.http://publicbroadcasting.net/wabe/news.newsmain?action=article&ARTICLE_ID=1420310&sectionID=1Date Set for Davis Oral Arguments Odette YousefATLANTA, GA(2008-11-20)A hearing date has been set for convicted killer Troy Davis before the federal 11th Circuit Court of Appeals...

Florida secrecy continues

Posted on November 23, 2008
During the warrant proceedings, Mr. Tompkins sought public records pursuant to Fla. Stat. Ch. 119 and Fla. R. Crim. P. 3.852(h)(3). On October 7, 2008, Mr. Tompkins sent public recordsrequests to FDLE and DOC. The records sought concerned the recentexecutions that Florida carried out...

U.S. Military Schedules Execution

Posted on November 23, 2008
U.S. Military Schedules Execution "Military has date for first execution since 1961," is the title of an AP report via the San Francisco Chronicle.A former Army cook convicted of multiple rapes and murders is set to die next month in what would be the U...

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Judicial Restraint

Posted on November 23, 2008
Judicial Restraint That's the title of an editorial in today's Winston-Salem Journal on North Carolina's lethal injection challenge. LINKCritics of our appellate courts often skewer judges for being "judicial activists." But a case before the N...

UN vote shows growing support of death penalty ban

Posted on November 23, 2008
UN vote shows growing support of death penalty banBy JOHN HEILPRIN ? November 20, 2008UNITED NATIONS (AP) ? The U.N. General Assembly's human rights committee voted Thursday for the second year in a row to urge a global moratorium on the death penalty...

Abolishing the Death Penalty in the Era of Hope

Posted on November 23, 2008
Diann Rust-Tierney Posted November 22, 2008 | 05:39 PM (EST) http://www.huffingtonpost.com/diann-rusttierney/abolishing-the-death-pena_b_145760.html Abolishing the Death Penalty in the Era of HopeThe outcome of the election for President, and for state and local legislators, not only demonstrates how much Americans want change...

The UN just voted in favor of the resolution for a death penalty moratorium

Posted on November 22, 2008
November 20, 2008News: The UN just voted in favor of the resolution for a death penalty moratoriumThe resolution passed the UN vote a little while ago:105 in favor, 48 against and 31 abstentions.Last year it passed with 99 in favor, 52 against and 33 abstentions...

STATEMENT OF THE CASE AND FACTS - Wayne Tompkins - wrongful conviction

Posted on November 22, 2008
STATEMENT OF THE CASE AND FACTS Factual Background On March 23, 1983, Lisa DeCarr and Kathy Stevens wereexpelled from school after they were discovered outside smoking under a tree. Lisa and Kathy were in special classes foremotionally troubled students...

The Texas Prison Circus and the European Death Row Connection

Posted on November 22, 2008
The Texas Prison Circus and the European Death Row Connection November 13, 2008 It had been a long time since we had seen the prison circus in town in Texas, orchestrated by a popular Senator then relayed and amplified by the local media. And for once I am taking side with the TDCJ...

Panel recommends abolishing death penalty in Md.

Posted on November 22, 2008
Panel recommends abolishing death penalty in Md.The Associated Press6:16 PM EST, November 12, 2008A state commission has voted to recommend abolishing the deathpenalty in Maryland.The Maryland Commission on Capital Punishment voted 13-7 to make therecommendation in its report to lawmakers and the governor next month...

Florida Supreme Court ignores the dangers in the lethal injection procedure in Florida

Posted on November 22, 2008
Given that the former Secretary of the Department ofCorrections, Harry K. Singletary, who was a member of theGovernor?s Commission has publicly stated, ?We know for sure thatthis is going to happen again,? it would make more sense to openthe process to the light...

California lethal injection

Posted on November 22, 2008
1Filed 11/21/08CERTIFIED FOR PUBLICATIONIN THE COURT OF APPEAL OF THE STATE OF CALIFORNIAFIRST APPELLATE DISTRICTDIVISION FIVEMICHAEL MORALES et al.,Plaintiffs and Respondents,v.CALIFORNIA DEPARTMENTOF CORRECTIONS ANDREHABILITATION et al.,Defendants and Appellants...

Reply brief lethal injection in Florida

Posted on November 22, 2008
IN THE SUPREME COURT OF FLORIDA CASE NO. SC08-992 WAYNE TOMPKINS, Appellant, v. STATE OF FLORIDA, Appellee. ON APPEAL FROM THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT,IN AND FOR HILLSBOROUGH COUNTY, STATE OF FLORIDA REPLY BRIEF OF APPELLANT MARTIN J...

California Lethal Injection Protocol Invalidated

Posted on November 22, 2008
California Lethal Injection Protocol Invalidated From the blog The Dream AntillesGreat news.A California Court of Appeal has invalidated California's lethal injection protocol because the state failed to comply with the state's Administrative Procedure Act...

Florida and executions - Former Secretary Singletary?s statement, ?We know for sure this is going to happen again?,

Posted on November 22, 2008
THE EXISTING PROCEDURE THAT THE STATE OF FLORIDA UTILIZES FORLETHAL INJECTION VIOLATES THE EIGHTH AMENDMENT TO THE UNITEDSTATES CONSTITUTION AS IT CONSTITUTES CRUEL AND UNUSUALPUNISHMENT. Well after the imposition of Mr. Tompkins?s sentence ofdeath, Florida adopted lethal injection as its method ofexecution...

Should doctors monitor execution

Posted on November 22, 2008
Should doctors monitor execution? High court wants clarification on lawDan Kane, Staff WriterComment on this story RALEIGH - The N.C. Supreme Court dove into the two-year stalemate on executions Tuesday by asking attorneys to define what legislators meant by requiring a doctor to be present when convicted murderers are put to death...

REPLY TO RESPONSE TO PETITION SEEKING TO INVOKE THIS COURT'S ALL WRITS JURISDICTION AND/OR PETITION FOR WRITOF HABEAS CORPUS

Posted on November 22, 2008
IN THE SUPREME COURT OF FLORIDA WAYNE TOMPKINS, Petitioner, v. CASE NO. SC08-2000 BILL McCOLLUM, Attorney General of the State of Florida, and, WALTER A. McNEIL, Secretary, Department of Corrections, State of Florida, Respondents.____________________________________/ REPLY TO RESPONSE TO PETITION SEEKING TO INVOKE THIS COURT'S ALL WRITS JURISDICTION AND/OR PETITION FOR WRITOF HABEAS CORPUS The position taken by the State in its response is that "[i]n the instant case, this Court already has ultimate jurisdiction over the instant issues...

One more step towards universal abolition

Posted on November 22, 2008
One more step towards universal abolitionPublished by Thomas Hubert on 2008/11/20 The Third Committee of the United Nations' General Assembly has adopted a resolution calling for a moratorium on executions for the second time. More countries supported the text...

The notion that finality should trump justice does not comport with fundamental due process- The innocence case of Wayne Tompkins

Posted on November 22, 2008
The purpose of the criminal justice system is to instillconfidence in the public that justice can be and will be served.The notion that finality should trump justice does not comportwith fundamental due process. It undermines the public?sconfidence in the functioning of the criminal justice system forindividuals to be executed for crimes that they did not commit...

10 Executions in 30 Days: Is there no halt to the 'Texas Killing Machine?'

Posted on November 21, 2008
Texas is set to thin out its death row before the week is over. Since mid-October Texas has executed eight inmates, with another two scheduled for execution by the end of this week. That's a total of ten executions in a little over thirty days, a new record even for the country's most active death penalty state...

The affidavit of Kim Lisenby contradicts Kathy Stevens? testimony. - the innocence case of Wayne Tompkins

Posted on November 02, 2008
Mr. Tompkins alleged in his Rule 3.851 motion that neitherhe nor counsel were able to locate and speak with Ms. Quillinpreviously, despite repeated attempts to find her, because KathyStevens, in her testimony, said that Ms. Lisenby accompanied herto Lisa DeCarr?s house...

New evidence - Sworn Affidavit of Kimberly Quillin - The innocence case of Wayne Tompkins

Posted on November 02, 2008
In addition, on October 10, 2008, Mr. Tompkins obtained anaffidavit from Kimberly Quillin, formerly known as Kim Lisenby.In this affidavit, Ms. Quillin provided additional impeachmentevidence which the jury never heard: Sworn Affidavit of Kimberly Quillin State of Florida ) ss County of Hillsborough ) Before me this day personally appeared Kimberly Quillinwho being duly sworn, hereby deposes and says: 1...

Witness to Innocence News Conference Today

Posted on November 02, 2008
Witness to Innocence News Conference Today Witness to Innocence, an organization composed of exonerees who had been wrongfully convicted and sentenced to death, is holding its annual meeting in Austin this weekend, as noted in this post...

Testimony by Maureen Sweeney - the innocence case of Wayne Tompkins

Posted on November 02, 2008
In the course of the collateral proceedings, withheldexculpatory evidence has surfaced, along with witnesses anddocuments that were not presented by the defense whichdemonstrate that Kathy?s story - the basis of the prosecution?stheory of the case - could have been thoroughly impeached and shown to not be true...

Obama and crime

Posted on November 02, 2008
Obama and crimefrom the NYT:Mr. Obama has emphasized civil liberties, sensitivity to racial inequality and tough penalties for the most violent felons. He was a state lawmaker when the Illinois police and prosecutors were under siege. In 2003, doubt was cast on the convictions of several Illinois death-row inmates leading to a death-penalty moratorium that is still in effect...

The 3 "credible" key witnesses of one Florida innocence case

Posted on October 31, 2008
Following Kathy Stevens report that she witnessed Mr.Tompkins? strangling Lisa at around 8:30 AM, Mrs. DeCarr was ableto remember that contrary to her earlier statements that she hadleft the house before 8:30 AM, and at that time Mr. Tompkins wasstill there, as was Lisa...

The Exonerated

Posted on October 31, 2008
The Exonerated That's the title of Texas Monthly Senior Editor Michael Hall's report in the November TM. The subtitle is, "These 37 men spent 525 years in prison for crimes they didn?t commit. Then came the hard part: freedom."Here's an excerpt from the introduction...

Using a snitch to get a wrongful conviction in Florida - The innocence case of Wayne Tompkins

Posted on October 31, 2008
Kathy Stevens? deposition occurred on June 12, 1985.Kenneth Turco?s deposition occurred on July 15, 1985. At thattime, he said that in late June, 1985, he first talked to WayneTompkins about his case, and that about a week and a half beforethe deposition, Mr...

The non-credible testimony of prosecution witness Kathy Stevens - The innocence case of Wayne Tompkins

Posted on October 31, 2008
Benito first called Kathy Stevens on March 7, 1985. Thiswas two days after Barbara DeCarr?s March 5th deposition in whichshe indicated she went to Mr. Tompkins? mother?s house at?approximately 9:00 am.? (DeCarr depo. at 16). In her undatedstatement, she further indicated that Mr...

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