Alabama Death Penalty News

Started by Jeff1857, October 23, 2007, 11:10:09 AM

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heidi salazar

Giles Perkins calls for a moratorium on Alabama's death penalty until it is fairly administered.

Attorney General candidate Giles Perkins calls today for a moratorium on Alabama's death penalty.  Said Perkins, "We have a broken system, and we should not execute another person until it is fixed.  There are a lot of guilty people on death row but we can't take the risk of executing anyone who is innocent.  This is a moral issue."

A 2006 American Bar Association study identified a number of serious flaws in Alabama's death penalty process. These include:

·        Inadequate indigent defense services

·        Lack of appellate defense counsel

·        Lack of a statute protecting people with mental retardation

·        Lack of a post-conviction DNA testing statute

·        Inadequate proportionality review

·        Lack of effective limitations to "heinous, atrocious, or cruel" aggravating circumstance

·        Capitol Juror Confusion

Perkins agrees these are serious problems, and they need to be addressed.

  Perkins believes the most important reforms are those to ensure all defendants, no matter their financial means, have competent counsel and access to technology, like DNA testing.

Perkins commented, "We need to provide all defendants good lawyers and good science to make sure we get it right.  We should not execute an innocent person while the real killer walks the streets."

Giles Perkins is an attorney practicing in Birmingham since 1992, and he is running as a Democrat to become Alabama's next Attorney General.

(source: Project Hope)

Campaign 2010: Democratic attorney general candidates favor death penalty study

James Anderson and Giles Perkins are Democratic candidates for Alabama attorney general.

The 2 candidates in the Democratic primary runoff for Alabama attorney general want a review of how the death penalty is administered and one is calling for a moratorium on executions.

Birmingham attorney Giles Perkins said Thursday if elected he would ask the Legislature to approve a moratorium to make sure the death penalty is being administered fairly.

His opponent in the July 13 runoff, Montgomery lawyer James Anderson, said he wants the attorney general's office to study the issue first. If problems are found, he said he would then favor a moratorium.

Their positions on the death penalty assure there will be an issue dividing the Democratic runoff winner and Republican nominee Luther Strange.

A Birmingham attorney, Strange said he supports the death penalty and would oppose a moratorium.

(source: Associated Press)

kanga

#16
October 13, 2010, 04:18:17 AM Last Edit: October 13, 2010, 04:31:41 AM by kanga
Phillip D. Hallford denied Cert. in SCOTUS Orders 10/12/10.

Source:
           SCOTUS ORDERS.

JTiscool

Damn. That's not good  :-[
My reason for supporting the death penalty? A murderer has less of a right to live than his victim and already presents a danger while incarcerated for life. They have nothing to lose when the most they can get is Life in prison without parole.

Michael

Ala. executes 24 inmates during Riley's 2 terms as governor

Long after he leaves office next month, Gov. Bob Riley said he won't be able to forget 24 specific days during his eight years in office. Those are the days when an Alabama death row inmate was executed by lethal injection at Holman Prison in Atmore -- deaths that Riley could have stopped with a phone call.

The 24 executions since Riley became governor in January 2003 are the most under the watch of any Alabama governor since Frank Dixon was governor from 1939 to 1943, according to Department of Corrections records. There were 33 executions during Dixon's four years in office. The most during the administration of any Alabama governor since the state took over executions from the counties in the 1920s was 49 during the two terms of Gov. Bibb Graves in the 1920s and 1930s.

Graves and Dixon served as governor during an era when the appeals process was not as lengthy or complex.

Riley's number of executions won't change because no more are scheduled before he leaves office Jan. 17.

The outgoing governor said the days and hours leading up to an execution are hard on any governor.

"When governors get together, there are very few times that it doesn't come up. Every governor takes it very seriously," Riley said in an interview Wednesday with The Associated Press.

Each time when an inmate was executed by lethal injection, Riley said he and his staff were aware of what was going on for days in advance. In some cases the inmates filed clemency petitions asking Riley to stop the execution and at times he received letters, phone calls and even visits from relatives, friends, ministers and others asking that he show mercy and spare the inmate's life. There also were pleas from the parents, children and friends of the victims of the inmates, asking the governor to show no mercy and allow the execution to proceed, giving them closure for the often vicious deaths of loved ones.

Riley said on the days of the executions -- in Alabama carried out on Thursdays at 6 p.m. -- he would block out two hours to review details of the inmate's case with his staff. Riley never stopped an execution, although there is a phone in the death chamber as a reminder that one call from the governor could send the inmate back to his cell to live another day.

The only Alabama governor who has commuted a sentence in recent years was Fob James. He commuted the sentence of death row inmate Judith Ann Neelley in January 1999, several days before he was to leave office. Neelley was sentenced to die for the murder of a 13-year-old Georgia girl.

Alabama Assistant Attorney General Clay Crenshaw, who supervises death penalty appeals, said the number of executions since Riley took office has nothing to do with the governor's politics or views concerning the death penalty. It's because the appeals process, which can take 20 years or longer, ran out for a number of inmates.

"It doesn't have anything to do with Riley, although he certainly has the power to stop them," Crenshaw said.

He said the reason for the number of recent executions -- there have been five this year and 11 in the last two years -- goes back to 1972 when the U.S. Supreme Court declared a moratorium on the death penalty. It was lifted in 1976, but it in effect caused appeals in death cases to start at the beginning.

"They started over with a clean slate in 1976," Crenshaw said.

The number of inmates executed since Riley took office is high compared to other recent Alabama governors. There were eight during the four years Don Siegelman was governor, eight during the more than six years Guy Hunt was governor and seven during the second four-year term of Fob James. There were no executions during James' first term from 1979 to 1983.

While Riley ranks high on the list of current and recent U.S. governors when it comes to executions, he's nowhere close to Texas Gov. Rick Perry. There have been 224 executions in the death chamber at Huntsville, Texas, since Perry became governor in 2000. Other governors who have overseen more executions than Riley include former Oklahoma Gov. Frank Keating with 51 from 1995-2003, former Virginia Gov. Jim Gilmore with 41 from 1998 to 2002 and current Oklahoma Gov. Brad Henry, with 38 since he took office in 2003.

Riley said he has turned down requests for clemency after extensive review partly because he believes the inmates' cases have been thoroughly reviewed over a number of years starting with the trial jury and going through various levels of state and federal appeals courts.

"I believe in the death penalty. I believe it's a deterrent. If we can save one life by having it, I think we should keep it," Riley said.

http://www.montgomeryadvertiser.com/article/20101227/NEWS02/12270306/1009/rss04
I´m not sure if there´s a hell, but I believe in executed murderers.

AnneTheBelgian

http://blog.al.com/spotnews/2011/02/conference_participants_discus.html

Conference participants discuss ending capital punishment

Published: Saturday, February 19, 2011, 3:25 PM     

Updated: Saturday, February 19, 2011, 3:28 PM

The overwhelming majority of Alabamians favor the death penalty, but about 150 people attending a conference at a Mountain Brook church today are hoping to some day end capital punishment in the state and the rest of the world.

The conference entitled "Matters of Life and Death: Alternatives to the Death Penalty" and held at the Canterbury United Methodist Church featured speakers and workshops on improving Alabama's current justice system, but with an ultimate goal of ending capital punishment.

Art Laffin, a nationally noted advocate whose brother, Paul Laffin, was murdered in Connecticut in 1999 was among the speakers.

Paul Laffin worked at a homeless shelter and was killed by Dennis Soulter, a homeless at the shelter. Paul Laffin was stabbed multiple times, but Soulter was found to be mentally incapable of standing trial.

Art Lafflin said as early as the eulogy at his brother's funeral, he was able, through God's grace, to forgive his brother's killer and asked others at the funeral to pray for Soulter. The years since, Laffin has come to know other family members of victims of violent crime as well as those on death row and those who were later exonerated after being on death row.

"There are many people who feel we have to kill the murderers in order to bring closure to victims' families," Laffin said today. "This is a lie!"


He said killing Soulter would not serve justice or bring his brother back.

"I believe the best way to honor my brother is to work for the end of violence, not to replicate it," Laffin said.

Laffin believes ending the death penalty is in keeping with his own pacifist ideals and those of Jesus Christ.

"I believe that all of the money and resources that are being used for weapons of war should instead be used to help the poor," he said.

The conference was organized by Robert Baldwin and others and sponsored by Justice and Mercy for All, an organization whose goals included ending the death penalty.

Baldwin said in an interview today it was important to hold the event in Alabama because the state is recognized nationally is doing one of the poorest jobs in prosecuting and administering death penalty cases.













Anne
"DEATH PENALTY OPPONENTS WHO TWIST THE TRUTH TO PROTECT KILLERS ARE ALSO TORTURING VICTIMS FAMILIES" (PETER BRONSON, CINCINNATI ENQUIRER,FEBRUARY 3, 2003)

PRO DEATH PENALTY AND PROUD OF IT !!!

JE MAINTIENDRAI (MOTTO OF WILLIAM I THE SILENT, PRINCE OF ORANGE, 1533 - 1584, MOTTO OF THE NETHERLANDS)

DEO JUVANTE (MOTTO OF THE PRINCIPALITY OF MONACO)

PROUD TO BE BELGIAN !!! I LOVE MY KINGDOM !!!

JTiscool

I hope they fail at it. That is all that I can say. Does the Governor of Alabama support the death penalty?
My reason for supporting the death penalty? A murderer has less of a right to live than his victim and already presents a danger while incarcerated for life. They have nothing to lose when the most they can get is Life in prison without parole.

AnneTheBelgian

http://blog.al.com/live/2011/07/alabama_judges_routinely_overr.html

Alabama judges routinely override juries in death penalty cases, new report says

Published: Tuesday, July 12, 2011, 4:21 PM     

Updated: Tuesday, July 12, 2011, 4:21 PM

By Press-Register staff

MONTGOMERY, Alabama -- A new report from the Equal Justice Initiative says that of the 34 U.S. states with the death penalty, Alabama is the only jurisdiction where judges routinely override jury verdicts of life to impose capital punishment.

Since 1976, according to the report, Alabama judges have overridden jury verdicts 107 times. Although judges have authority to override life or death verdicts, in 92 percent of overrides elected judges have overruled jury verdicts of life to impose the death penalty.

"No capital sentencing procedure in the united States has come under more criticism as unreliable, unpredictable, and arbitrary than the unique Alabama practice of permitting elected trial judges to override jury verdicts of life and impose death sentences," the Montgomery-based organization wrote.

The organization claims that judicial override of jury recommendations "is the primary reason why Alabama has the highest per-capita death sentencing rate and execution rate in the country." Last year, according to the Equal Justice Initiative, Alabama, with a population of 4.5 million people, imposed more new death sentences than Texas, with a population of 24 million.

In a New York Times report today, 2 coastal Alabama judges were referenced, with Judge Ferrill D. McRae, who retired in 2006 after 40 years on the bench in Mobile, saying he thought judges need the discretion to override juries because judges have experience with many cases.

The Times report also notes a case presided over by Charles C. Partin, who sat in Bay Minette. In that case, Partin argued that the defendant was probably not mentally disabled, though the jury may have factored that in its thinking when it rendered a recommendation of life in prison. "The sociological literature suggests that Gypsies intentionally test low on standard I.Q. tests," Partin wrote in the 1990 sentencing order.

The "Gypsy" case, according to Press-Register files, involves John Lionel Neal,

John Lionel Neal, 43, first convicted of capital murder in 1990 in the murder of 77-year-old Wilma Underwood, who was killed during a burglary of her Foley home.

Neal's fingerprints were found in a pocketbook in Underwood's ransacked house. Her television set was later found in Neal's Covington, La., home, officials with the case said. Neal was arrested in Detroit and placed in the Baldwin County jail on May 29, 1987.

Neal's first conviction and death sentence were overturned, with an appeals court faulting the jury selection process.

Then, in the spring of 1994, a second jury found Neal guilty and recommended he be executed. However, in 2008, an agreement was reached to decrease Neal's sentence to life in prison without the possibility of parole after lawyers continued arguing on his behalf.

That agreement came as Neal's lawyers planned to argue in a pending hearing that Neal is mentally retarded, which a state evaluation had supported. A 2002 U.S. Supreme Court decision deemed the execution of mentally retarded individuals as cruel and unusual punishment.




Read the Equal Justice Initiative report on death penalty cases => http://media.al.com/live/other/death-penalty-alabama-override-report.pdf






Photo : John Lionel Neal, of Covington, Louisiana, was sentenced to death after being charged with capital murder in connection with the 1987 death of Wilma Underwood of Foley, Alabama. The death sentence was later changed to life in prison after Neal's lawyers prepared to argue that he was mentally unsound and therefore could not be put to death.  >:(













Anne


"DEATH PENALTY OPPONENTS WHO TWIST THE TRUTH TO PROTECT KILLERS ARE ALSO TORTURING VICTIMS FAMILIES" (PETER BRONSON, CINCINNATI ENQUIRER,FEBRUARY 3, 2003)

PRO DEATH PENALTY AND PROUD OF IT !!!

JE MAINTIENDRAI (MOTTO OF WILLIAM I THE SILENT, PRINCE OF ORANGE, 1533 - 1584, MOTTO OF THE NETHERLANDS)

DEO JUVANTE (MOTTO OF THE PRINCIPALITY OF MONACO)

PROUD TO BE BELGIAN !!! I LOVE MY KINGDOM !!!

JeffB

Alabama Judges Are Infatuated With The Death Penalty

July 13, 2011 10:03 AM

By J. Smith

America is in love with the death penalty. So much so, in fact, that some of the 35 states that perform executions are itching for new lethal injection combinations because other countries that manufacture the traditional death penalty drug have either stopped producing it or refused to sell it to the United States. But very little can get in the way of Alabama judges and their thirst to keep death row occupied.

"In virtually all 35 states that allow the death penalty, juries are the supreme arbiter of whether capital defendants live or die. But not in Alabama. Since 1976, when the U.S. Supreme Court reinstated the death penalty after a four-year ban, Alabama judges have held the power to overturn the sentencing recommendations of juries in capital cases. Since then, state judges have overturned 107 jury decisions in capital cases, and in 92 percent of those cases, jury recommendations of life imprisonment were rejected in favor of death sentences, according to a new report by the Equal Justice Initiative," The Huffington Post's John Rudolf writes.

As a native Texan, I am never surprised by overzealousness in enforcing the death penalty, but this loophole Alabama has wiggled itself into goes too far. Why even assign the task of recommending punishments to a jury if the judge can veto it at his or her wanton discretion? The Equal Justice Initiative, based in Montgomery, Ala., has long been critical of the practice, "calling it arbitrary and lacking meaningful standards or oversight," The Huffington Post reports.

Alabama, the state with the highest per capita death sentencing rate in the country, should be the region other states look to for guidance on appropriate death penalty rules and standards. It should not be the state where more than one in five prisoners on death row are there because of judicial override of jury decisions. Delaware and Florida, for example, have allotted similar power to their judges, but in a way that requires some sort of accountability. Judges in those two states are instructed to give "great weight" to jury sentencing decisions, and can only override them if the judge clearly demonstrates how jurors failed to render an appropriate punishment.

So, do that, Alabama, if it isn't too humane for you


http://atlantapost.com/2011/07/13/alabama-judges-are-infatuated-with-the-death-penalty/
"SO SUCK IT YOU "BLUE COOLER" DOPE!"  -  Sylar24

JTiscool

No. were just infatuated with preventing more murders.
My reason for supporting the death penalty? A murderer has less of a right to live than his victim and already presents a danger while incarcerated for life. They have nothing to lose when the most they can get is Life in prison without parole.

JeffB

ARIZONA:

Ariz. judge sets hearing on suit on execution law.


A judge has scheduled a hearing Friday on a lawsuit that seeks to block a scheduled Arizona execution and future ones.

The suit claims the state Legislature has unconstitutionally delegated its policy-making power to the state government's executive branch.

Judge Maria del Mar Verdin of Maricopa County Superior Court is considering a request by Thomas Paul West and 3 other death row inmates to overturn the state's lethal-injection law and temporarily block any executions.

The suit filed on behalf of the inmates contends the injection law gives the Corrections Department too much discretion.

West is scheduled to be executed Tuesday at a state prison in Florence for beating another man to death in 1987.

(source: Associated Press)

"SO SUCK IT YOU "BLUE COOLER" DOPE!"  -  Sylar24

Naviator

Wondering why that last article is posted under Alabama death penalty news when it clearly refers to Arizona?

JeffB


Wondering why that last article is posted under Alabama death penalty news when it clearly refers to Arizona?


Ooops...  Wrong state..  Maybe a MOD can move this over to Arizona...   :-X
"SO SUCK IT YOU "BLUE COOLER" DOPE!"  -  Sylar24

JTiscool

Lol it's fine Jeff.
My reason for supporting the death penalty? A murderer has less of a right to live than his victim and already presents a danger while incarcerated for life. They have nothing to lose when the most they can get is Life in prison without parole.

AnneTheBelgian

http://www.timesdaily.com/stories/Nine-former-residents-await-execution-dates-for-murders-,182003

9/15/11

Nine former residents await execution dates for murders

By Dennis Sherer

Staff Writer

Prosecutors in Franklin County could decide later this year if they will seek the death penalty for the suspect in the Sept. 10 homicide of a Phil Campbell couple.

Michael McLemore, 26, is charged with two counts of capital murder in connection with the deaths of his father, Ricky Hodge, and stepmother, Connie Hodge, at their home south of Phil Campbell.

McLemore also is accused of attacking his aunt and another man who lived at the home with a hammer. He is charged with two counts of capital murder.

If convicted, McLemore could join nine other former northwest Alabama residents who are now on death row.

"We will have to wait until we get a report from the autopsy to see exactly how the victims were killed and talk to the victims' families to see what their desires are concerning us seeking the death penalty before we make a decision," Franklin County District Attorney Joey Rushing said.

"We give a lot of weight to the desires of family members of murder victims in deciding to seek the death penalty in capital cases," Rushing said.

The death penalty and life in prison without the possibility of parole are the only sentencing options for a capital murder conviction in Alabama.

Capital murder in Alabama includes homicides when more than one person was killed; the death occurred during a robbery, burglary, kidnapping, arson or rape; was committed for personal gain; or when the victim was a police officer or child 14 or younger; the victim was a witness in a criminal or civil trial, or the homicide was related to their testimony; the deadly weapon was fired from outside the residence where the victims were killed; the deadly weapon was fired from within or into a vehicle; or the death occurred during the unlawful taking control of an aircraft.

Meetings with victims' families and analyzing autopsy reports to determine if the death penalty is warranted in capital murder cases are becoming increasingly common in northwest Alabama,

Since Jan. 1, 2007, five people charged with capital murder have been sentenced to death. One of those, Jodey Wayne Waldrop, pleaded guilty to murder in August and was sentenced to life in prison after his original conviction in 2007 was overturned by the Alabama Court of Criminal Appeals in 2010. Waldrop, 32, was charged with the shaking death of his 3-week-old son in 2005.

Two men charged with capital murder in Lauderdale County, Greg Leon Nard in 2009 and Christopher Michael Rich in August, avoided a possible death sentence by pleading guilty to capital murder and were sentenced to life in prison without the possibility of parole.

Local district attorneys say the rash of capital murder cases around the Shoals is not a sign that random violent crime is on the rise. In most of the cases, the suspect was related to or knew the victim.

Only one capital murder case in the Shoals during the past 10 years -- the Jan. 10, 2005, shooting death of Scott Michael Kirtley during the robbery of a Florence package store -- involved a suspect and victim who did not know one another.

The relationship of the suspect and victim does not matter when it comes to the appeals that follow a capital murder conviction.

A capital murder conviction and death sentence typically spur decades of court battles before the execution takes place.

After an initial appeal in local court seeking to overturn a conviction, death sentence cases in Alabama are reviewed by the Alabama Court of Criminal Appeals, the state Supreme Court and the U.S. Supreme Court. Convicts who choose to continue fighting their conviction also may seek relief in a second round of appeals to state courts, U.S. District Court, a federal appeals court and the U.S. Supreme Court.

Clay Crenshaw, assistant attorney general who represents Alabama in death penalty cases, said it typically takes up to 20 years for the appeals process to run its course from the time someone is sentenced to death in the state until the execution takes place.

John Forrest Parker, 42, was executed June 10 -- 22 years after he was convicted of capital murder for his role in the beating and stabbing death of a Colbert County minister's wife in 1988.

A codefendant, Kenneth Eugene Smith, remains on death row. Crenshaw said an execution date has not been set for Smith, whose case continues to wind its way through the appeals process.

Crenshaw said an execution date could be set in October for Thomas Douglas "Tommy" Arthur, the longest-serving death row inmate from the Shoals.

Arthur was convicted in 1983 for the Feb. 1, 1982, murder-for-hire shooting death of Troy Wicker Jr., of Muscle Shoals.

"The Alabama Supreme Court has said it would be premature to set an execution date for Arthur when the U.S. Supreme Court has not ruled on his most recent appeal," Crenshaw said. "The U.S. Supreme Court comes into session in October, and I expect to know by late October if they plan to hear Arthur's appeal. If it chooses to not hear his appeal, I expect an execution date will be set for Arthur, possibly for some time in November or December."

Authur, 68, came within days of being executed in 2008 when another inmate claimed to have killed Wicker. The execution was halted while the claim was investigated.

Arthur was previously scheduled to be executed in 2001 and 2007.

Arthur's attorneys have asked the U.S. Supreme Court to order new testing of DNA evidence from the crime scene.

Crenshaw said it's time to finally carry out the execution that was initially ordered more than 28 years ago.

"He and his attorneys have filed lawsuit after lawsuit trying to prevent his execution," Crenshaw said. "It's time to end this, set a date for his execution and carry it out."







Photo gallery : Nine former residents await execution dates => http://www.timesdaily.com/stories/Nine-former-residents-await-execution-dates-for-murders-,182020











Anne
"DEATH PENALTY OPPONENTS WHO TWIST THE TRUTH TO PROTECT KILLERS ARE ALSO TORTURING VICTIMS FAMILIES" (PETER BRONSON, CINCINNATI ENQUIRER,FEBRUARY 3, 2003)

PRO DEATH PENALTY AND PROUD OF IT !!!

JE MAINTIENDRAI (MOTTO OF WILLIAM I THE SILENT, PRINCE OF ORANGE, 1533 - 1584, MOTTO OF THE NETHERLANDS)

DEO JUVANTE (MOTTO OF THE PRINCIPALITY OF MONACO)

PROUD TO BE BELGIAN !!! I LOVE MY KINGDOM !!!

AnneTheBelgian

http://www.fox10tv.com/dpp/news/alabama/death-penalty-conviction-and-appeals

Alabama's Death Row - Conviction and Appeals Process

Updated: Wednesday, 19 Oct 2011, 12:13 PM CDT

Published : Wednesday, 19 Oct 2011, 11:25 AM CDT

WALA Staff Report WALA Staff Report

While Alabama executions are somewhat commonplace, death row cases are inordinately complex and lengthy, and in some cases inmates wait for 20 years or more on death row before their execution.

The process for death row inmates starts at their trial. Once a trial court jury has convicted them of capital murder, the jury is able to make a sentencing recommendation to the judge who passes sentence. While in other states a jury's recommended sentence is the final word, Alabama judges are able to sentence defendants to life or death row completely on their discretion--the only state that allows judges this freedom.

After a judge hands down a sentence of death, the defendant becomes an inmate, being housed in one of two death rows in the state. An automatic appeal on behalf of the inmate is triggered to the Alabama Court of Criminal Appeals. This appeals process is on the merits of the case, and whether the inmate's constitutional rights were violated during the trial. The appeals court can send the case back to the trial court, reverse the trial court's decision or uphold the lower court's sentence.

After the Alabama Court of Criminal Appeals has heard the case, there are no more automatic appeals. An inmate must actively file through a myriad process of appeals courts and processes to save them from execution.

The next step is to petition the Alabama Supreme Court to hear the case. They may agree to hear the case and issue a ruling, or deny hearing the case altogether. After this step, inmates may petition the U.S. Supreme Court for a ruling. This entire process could take years.

Although the U.S. Supreme Court's ruling is final, inmates may still make two other types of appeals. The next type of appeal is called a "Rule 32" appeal. This type of appeal does not question whether an inmate's rights were violated, but rather whether defense attorneys put up an adequate defense for the inmate, whether the state withheld information from trial and other legal issues. This type of appeal does not necessarily call into question whether the inmate is guilty or innocent, but rather if there were any legal mistakes made from both sides in the trial.

The circuit court first hears this appeal, followed by the Alabama Court of Criminal Appeals, the Alabama Supreme Court and finally the U.S. Supreme Court. Any of these courts can uphold the sentence, remand the case back to the circuit court for a re-trial or ignore the case altogether.

Finally, an inmate is entitled to one final appeal: the Federal Writ of Habeas Corpus request. Habeas Corpus, which in Latin literally means "may you have your body," and originated from England in the 1300s, which gave the King permission to determine whether a person was being unlawfully detained.

A federal habeas corpus appeal is filed in the United States District Court--in Alabama cases, either in Mobile, Birmingham or Montgomery, depending on the location of the initial crime. The inmate, now called the "petitioner," argues that the entire conviction should be overturned because their constitutional rights have been violated. The State Attorney General responds to this petition in court, and the petitioner may find fault with the conviction of the inmate and order a hearing to address the conviction or deny the petitioner relief.

If a petitioner is denied relief, the case goes to the 11th Circuit United States Court of Appeals. There, a three-judge panel will hear arguments from both Alabama's Attorney General and the petitioner. If the petitioner's relief is granted, his sentence could be stayed pending further review, commuted to a lesser sentence or released entirely. In most cases, however, the 11th circuit will deny the petitioner any relief, leaving one last appeal.

Finally, a death row inmate can appeal to the U.S. Supreme Court for a writ of certiorari. A writ of certiorari essentially is a request that a higher court--in this case the highest court in the U.S.--direct a lower court to some decision. Again, most writs of certiorari are denied with a short written order.

Death row inmates may make multiple appeals at the same time, and some have gained years using these tactics to challenge their sentencing. Some inmates have even attacked the death penalty itself, calling it "cruel and unusual punishment," halting their execution for even decades.

Since 1977, Alabama has only had 5 death row convictions overturned. The latest was Wesley Quick, who was acquitted in 2003 after three trials and multiple appeals.
















Anne
"DEATH PENALTY OPPONENTS WHO TWIST THE TRUTH TO PROTECT KILLERS ARE ALSO TORTURING VICTIMS FAMILIES" (PETER BRONSON, CINCINNATI ENQUIRER,FEBRUARY 3, 2003)

PRO DEATH PENALTY AND PROUD OF IT !!!

JE MAINTIENDRAI (MOTTO OF WILLIAM I THE SILENT, PRINCE OF ORANGE, 1533 - 1584, MOTTO OF THE NETHERLANDS)

DEO JUVANTE (MOTTO OF THE PRINCIPALITY OF MONACO)

PROUD TO BE BELGIAN !!! I LOVE MY KINGDOM !!!

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