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Ex parte Vernon Madison

                                             PETITION FOR WRIT OF CERTIORARI
                                         TO THE COURT OF CRIMINAL APPEALS

                                                        (Re:     Vernon Madison

                                    (Mobile Circuit Court, CC-85-1385.80;
                                   Court of Criminal Appeals, CR-93-1788)


           At his third trial, a jury convicted Vernon Madison of the
capital murder of a peace, or law enforcement, officer.     The trial
court sentenced Madison to death.     The Court of Criminal Appeals
affirmed.     Madison v. State, [Ms. CR-93-1788, Jan. 17, 1997]           

So. 2d           (Ala. Crim. App. 1997).     On certiorari review, we
examine a single issue: Whether the trial court deprived Madison of
his constitutional rights by not requiring the jury to reach a
unanimous agreement on which of two alternative theories supported
his conviction for the capital offense.     Because we hold that the
requirement for unanimous verdicts does not extend to unanimous
agreement on the theory or means by which a defendant committed the
crime, we affirm the judgment of the Court of Criminal Appeals.     

           At Madison's first trial, a jury convicted him of capital
murder and the trial court sentenced him to death.     The Court of
Criminal Appeals reversed his conviction and remanded the case for
a new trial.     Madison v. State, 545 So. 2d 94 (Ala. Crim. App.
1987).     At Madison's second trial, a jury again convicted him of
capital murder, and the trial court again sentenced him to death.
The Court of Criminal Appeals again reversed his conviction and
remanded the case for a new trial.     Madison v. State, 620 So. 2d 62
(Ala. Crim. App. 1992).[1]

           The evidence presented at Madison's third trial showed that on
April 18, 1985, Cpl. Julius Shulte, an officer of the Mobile Police
Department, was dispatched to Cheryl Green's home to investigate a
report that Green's 11-year-old daughter was missing.     Corporal
Shulte was not in his police uniform and was not in a marked car.
He was, however, wearing a Mobile Police Department badge.

Madison, who until a few days earlier had been living with Green,
came to Green's home, before Cpl. Shulte arrived, to retrieve
personal items that Green had thrown out of the house.     By the time
Cpl. Shulte arrived at Green's home, Green's daughter had already
returned.     Nonetheless, neighbors asked Cpl. Shulte to stay until
Madison had left Green and her child safely alone.

           Green and Madison came out of the house and talked to Cpl.
Shulte, who never got out of his car.     After a brief conversation
with Cpl. Shulte, Madison appeared to leave.     Actually, he walked
about a block away and returned with     a .32 caliber pistol; he
covertly walked up behind Cpl. Shulte, while Cpl. Shulte was still
in his car.     Madison fired two shots at near point-blank range, one
into the back of Cpl. Shulte's head and one into his left temple.
Madison then shot Green twice in the back and fled the murder
scene.     He subsequently told an acquaintance, "I just killed a

           The indictment read to Madison's third jury charged him with
the capital murder of a law enforcement officer who was "on duty"
or who was performing some "official or job-related act."


This guy had 3 trials!

Texas man executed for killing city code enforcement worker

Associated Press   
March 22, 2016

HUNTSVILLE, Texas (AP) -- A Texas man on death row for killing a worker who was on his property looking for city code violations was put to death Tuesday.

Adam Ward was given a lethal injection for shooting and killing Michael Walker, a code enforcement officer who was taking photos of junk piled outside the Ward family home in Commerce, about 65 miles northeast of Dallas.

Ward had said the 2005 shooting was in self-defense, but the 44-year-old Walker only had a camera and a cellphone.

Ward's attorneys, both at his trial and later for his appeals, described him as delusional and mentally ill. Hours before his execution, the U.S. Supreme Court rejected an appeal that argued his mental illness should have disqualified him from the death penalty.

The 33-year-old Ward thanked his supporters, expressed love for his parents and said he hoped "some positive change can come from this."

But he insisted the shooting was not a capital murder case. "This is wrong what's happening. A lot of injustice is happening in all this," he said.

"I'm sorry things didn't work out," he added later. "May God forgive us all."

He was given a lethal dose of pentobarbital and as it took effect, he took a deep breath followed by a smaller one. He then stopped moving.

He was pronounced dead at 6:34 p.m. CDT -- 12 minutes after the drug started to flow into him.

Ward became the ninth convicted killer executed this year nationally and the fifth in Texas, which carries out capital punishment more than any other state.

In their appeal to the Supreme Court, Ward's attorneys argued the high court's ban on executing mentally impaired prisoners should be extended to include inmates like Ward who have a severe mental illness and that putting him to death would be unconstitutional because of evolving sentiment against executing the mentally ill.

The justices have ruled mentally impaired people, generally those with an IQ below 70, may not be executed. However, the court has said mentally ill prisoners may be executed if they understand they are about to be put to death and why they face the punishment.

State attorneys, who said evidence showed Ward's IQ as high as 123, said the late appeal did not raise a new issue, meaning it was improper and without merit. They also disputed claims of changing attitudes about executing the mentally ill.

Evidence of Ward's delusions, paranoia and bipolar disorder was presented at his 2007 trial and resurfaced in earlier unsuccessful appeals. The Supreme Court last October had refused to review Ward's case. A clemency petition for Ward before the Texas Board of Pardons and Paroles was rejected Friday.

In a videotaped statement to police following his arrest, Ward said he believed Commerce officials long conspired against him and his father, described in court filings as a hoarder who had been in conflict with the city for years. Evidence showed the Ward family had been cited repeatedly for violating housing and zoning codes.

Witnesses said Walker was taking photos of the Ward property on June 13, 2005, when he and Ward got into an argument. Walker told Ward he was calling for assistance, then waited near his truck. Ward went inside the house, emerged with a .45-caliber pistol and started firing. Walker was shot nine times.

"I think the only thing he was there for was harassment," Ward told The Associated Press last month from prison.

Ward met with his parents earlier Tuesday. They did not attend his execution.

Dick Walker, the father of the man killed by Ward, watched Ward's punishment and said it "put the cap on the mental anguish, the torture of the last 10 years."

"I'm just glad this part of my life is over with," he said after the execution. "My son will never leave me. There's always going to be a hole in a person's heart. My son was my best friend.

"I can focus on more positive stuff now."

Latest: Texas Man Executed for 1997 Rampage That Killed 5

The Latest on the scheduled execution of a Texas inmate for a 1997 shooting rampage near Houston that left five people dead (all times local):

8:15 p.m.

A man convicted of killing five people including his ex-wife in a 1997 shooting rampage near Houston has been put to death.

Coy Wesbrook on Wednesday became the eighth inmate executed this year in the U.S. and the fourth in Texas, the most active capital punishment state.

The execution was delayed about 90 minutes after a death penalty opponent's late appeal that was rejected hours earlier appeared to be headed to a higher court.

Wesbrook testified at his trial that he and his ex-wife had talked about reconciling and then he showed up at her Channelview apartment and found people partying.

He said she humiliated him by having sex with two men while he was there and that some at the party taunted him as he tried to leave.

He grabbed a rifle from his truck and shot all five people there.


5:30 p.m.

A death penalty opponent's late appeal on an inmate's behalf has been rejected by a Texas appeals court.

Houston activist Ward Larkin's appeal Wednesday came just hours before Coy Wesbrook's scheduled execution for a 1997 shooting rampage that left five people including his ex-wife dead.

Larkin asked for Wesbrook's trial court to again review claims that the former security guard and delivery driver is mentally impaired and ineligible for the death penalty.

The appeal was sent to the Texas Court of Criminal Appeals, the state's highest criminal court, which ruled the appeal was improper.

The mental impairment issue was raised in earlier appeals from Wesbrook and most recently was rejected by the appeals court last year.


1:20 a.m.

A Texas inmate convicted in a shooting rampage that left five people dead outside Houston in 1997 says he's prepared for his execution.

Coy Wesbrook's lethal injection is set for Wednesday evening in Huntsville. It would be the fourth this year in Texas.

His lawyer says court appeals to block the execution are exhausted.

The 58-year-old Wesbrook says he's had 18 years to get ready for the punishment.

Among those kil
There were some issues that were dealt with, the forum theme will be adjusted. Be patient!!!


Associated Press
A Texas prisoner was executed Tuesday for the shotgun slaying of a Dallas-area liquor store clerk during a robbery more than 25 years ago.

Gustavo Garcia, 43, was pronounced dead at 6:26 p.m. CST -- 16 minutes after the drug began to flow. His lethal injection was the third this year in Texas, which carries out capital punishment more than any other state.

"God bless you. Stay strong. I'm done," Garcia said in his final statement, adding that he loved his mother and other family. No relatives, however, were among the witnesses to his death.

As the lethal dose of pentobarbital began taking effect, he yawned, gurgled, exhaled and began quietly snoring. Within 30 seconds, all movement stopped.

Garcia was sentenced to death for fatally shooting 43-year-old Craig Turski during a 1990 holdup in Plano. It was one of two killings during robberies linked to Garcia, who was 18 at the time, and then-15-year-old Christopher Vargas.

Garcia's attorneys made no late legal attempts to stop the execution after the U.S. Supreme Court's refusal last week to rehear an appeal. A federal judge also wouldn't halt it, and the Texas parole board refused a clemency petition.

Garcia spent more than half of his life on death row for the killing of Turski. Vargas was tried and convicted as an adult and sentenced to life in prison. His young age made him ineligible for the death penalty.

Court documents show Garcia shot Turski in the abdomen on Dec. 9, 1990, then reloaded and shot the man in the back of the head. A month later, Garcia and Vargas entered a Plano convenience store armed with a sawed-off shotgun and carried out a holdup in which another clerk, 18-year-old Gregory Martin, was fatally shot in the head.

Martin was on the phone with his girlfriend just before the shooting and told her to call police. Officers arrived and found Vargas standing over Martin's body and Garcia hiding in a beer cooler with the shotgun nearby. Authorities later determined the weapon was the same one used in Turski's death.

In a statement to police after his arrest for Martin's killing, Garcia said he'd ordered Turski to his knees and then a customer entered the store.

"I then panicked," he said. "I shot the clerk with the shotgun."

On Thanksgiving night in 1998, Garcia and five other death row inmates were scaling a pair of 10-foot-high prison fences when corrections officers opened fire on them and they surrendered. A seventh death row prisoner, Martin Gurule, was shot but managed to flee, making him the first inmate to escape Texas death row since a Bonnie and Clyde gang member broke out in 1934.

Gurule's body was found about a week later in a creek a few miles from the prison. An autopsy showed he drowned.

"At least I can say I tried," Garcia said of the escape attempt in a 1999 interview with The Associated Press. "Facing execution is scarier."

Garcia's death sentence was overturned in 2000 on appeal. A year later, he was returned to death row after a second punishment trial.

At least nine other Texas inmates have executions scheduled in the coming months, including three in March.

So far this year, six inmates have been put to death nationwide -- three in Texas and one each in Florida, Alabama and Georgia. Last year, 28 executions took place in the U.S., 13 of them in Texas

Read more here:
Much needed day off of work today. Trying to figure out the smart TV, found this documentary, 2 parts about Indiana Death Row and Indiana State Prison. Very good.
Another the bitter end, claimed innocence...not so much...

DNA Testing Proves Executed Va. Prisoner's Guilt
Published January 13, 2006  Associated Press
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Death penalty opponents said new DNA tests confirming the guilt of a murderer who was put to death in Virginia while still proclaiming his innocence will do nothing to end their fight to abolish capital punishment.

The test results, announced Thursday by Gov. Mark R. Warner, prove Roger Keith Coleman was guilty of the 1981 rape and murder of his sister-in-law, putting an end to a debate over his guilt that has raged since he was executed in 1992.

Death penalty opponents have argued for years that the risk of a grave and irreversible mistake by the criminal justice system is too great to allow capital punishment. A finding of innocence in the Coleman case would have been explosive news and almost certainly would have had a powerful effect on the public's attitude toward the death penalty. But despite the finding of guilt, death penalty opponents insist the results do not mean capital punishment is infallible.

"Obviously, one case does not in any way reflect on the correctness of the other 1,000 executions we've had in the last 30 years," said Peter Neufeld, co-founder of the Innocence Project. "Other governors should take their lead from Governor Warner and do post-execution testing in their cases, because ... there's no reason not to -- it's all about getting to the truth."

Coleman was convicted and sentenced to death in 1982 for the gruesome murder of 19-year-old Wanda McCoy, who was found raped, stabbed and nearly beheaded in her home in the coal mining town of Grundy.

The report from the Centre of Forensic Sciences in Toronto concluded there was almost no conceivable doubt that Coleman was the source of the sperm found in the victim.

"The probability that a randomly selected individual unrelated to Roger Coleman would coincidentally share the observed DNA profile is estimated to be 1 in 19 million," the report said.

A former prosecutor in the case said the results, while not surprising, were a relief.

"Quite frankly, I feel like the weight of the world has been lifted off of my shoulders," Grundy attorney Tom Scott said. "You can imagine, had it turned out differently, (the other prosecutor) and I certainly would have been scapegoats."

Initial DNA and blood tests in 1990 placed Coleman within the 0.2 percent of the population who could have produced the semen at the crime scene. But his lawyers said the expert they hired to conduct those initial DNA tests misinterpreted the results.

The governor agreed to a new round of more sophisticated DNA tests in one of his last official acts. Warner, who has been mentioned as a possible Democratic candidate for president in 2008, leaves office on Saturday.

Coleman's case drew international attention as the well-spoken inmate pleaded his case on talk shows and in magazines and newspapers. Time magazine featured the coal miner on its cover. Pope John Paul II tried to block the execution. Then-Gov. L. Douglas Wilder's office was flooded with thousands of calls and letters of protest from around the world.

Coleman's attorneys argued that he did not have time to commit the crime, that tests showed semen from two men was found inside McCoy and that another man bragged about murdering her.

"An innocent man is going to be murdered tonight," the 33-year-old said moments before he was electrocuted. "When my innocence is proven, I hope America will realize the injustice of the death penalty as all other civilized countries have."

One criminal law expert said the results in the Coleman case should have little impact on the nation's death penalty debate.

"I don't know that the particular result here really matters," said University of Virginia criminal law professor Richard Bonnie. "Of course there's going to be cases in which people have claimed to be innocent and that DNA testing ... will tend to disprove that -- that should be expected. But I think we also know that there are going to be cases where the claim of innocence is supported."

Whatever the potential outcome, making DNA testing readily available to all death row inmates should be of vital concern, said Earl Washington Jr., who came within nine days of being executed before being pardoned in 2000 thanks to DNA testing.

"DNA works two different ways -- find you guilty, find you innocent. Today, the DNA on Roger Coleman found him guilty," said Washington, who befriended Coleman while they were on death row together. "I would rather see everyone on death row do DNA (testing) if possible. One day they might end up executing an innocent person."

Death penalty proponents welcomed the results. "Stop the presses -- it turns out that rapists and killers are also liars," Michael Paranzino, president of a group called Throw Away the Key, said in a statement.

Four newspapers and Centurion Ministries, a New Jersey organization that investigated Coleman's case and became convinced of his innocence, sought a court order to have the evidence retested. The Virginia Supreme Court declined to order the testing in 2002, so Centurion Ministries asked Warner to intervene.

James McCloskey, executive director of Centurion Ministries, had been fighting to prove Coleman's innocence since 1988. The two shared Coleman's final meal together -- cold slices of pizza -- just a few hours before Coleman was executed.

"I had always believed in Roger's complete innocence. In my view, he had no motive, means, or opportunity to do this crime. I now know that I was wrong. Indeed, this is a bitter pill to swallow," said McCloskey, adding he felt betrayed by Coleman. "Even though the results are far different than I expected, and even though this particular truth feels like a kick in the stomach, I do not regret that this effort has at last brought finality to all who have had an interest in this matter."
Looks like it is still holding on the federal appeal.....
Should be headed to the chamber then....
Introductions / Facebook Page, needs some Traffic....
December 05, 2015, 01:58:47 AM

Please like and post there too...we can all get to know each other... See you there!
On Death Row in Texas
The beast within prowls in my cage.
Hard bars do break,
Echo in my wake,
The screams of tearing steel.
I've tried to lay
To rest
This angry, vengeful spirit,
Each time, flashes of light
Lance in, scarring my flesh,
High childish chatter-and laughter-
The echoing clatter of
Fools who just don't know
Or care, I was...once?...
Human, now only mad!
The sandman comes, and leaves
The world in half-formed images
Of dust, scattered shadows, restless
Dreams billow the footfall
Like the dust of bones
The ghost of civilization, past.
My new mad fancy
To lay the world to rest...
(to slay the world, and rest)
To Rest.
The monster, within, growls at the cage,
The shadows break and flee
For darkness, light peers in,
Pierces me, I growl,
nothing half as savage as my war cry, "Damn Them All!! I'm only human!!!"
Human..human..who's man? Human.
The rage lifts
And leave
Just a man
In the darkness
Trying to sleep
Dying for sleep
"Let me rest!"

Richard Cartwright
September 3, 2003