Vernon Madison - AL - 5/12/16

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Grinning Grim Reaper

May execution date set for convicted Mobile cop killer

 
By Kent Faulk

Alabama has set the execution date for Vernon Madison, a death row inmate convicted in the 1985 death of a police officer in Mobile County.

The Alabama Supreme Court issued the order setting May 12 as the date for execution. Madison was one of three death row inmates for which the Alabama Attorney General's Office had requested the court in February to set execution dates.

The inmates are being held on death row at Holman Correctional Facility at Atmore where the executions take place.

An attorney with the Equal Justice Initiative representing Madison had not responded to a request for comment prior to publication of this story.

Madison, who has been on death row since Nov. 12, 1985, was convicted in September 1985 and sentenced to death in Mobile County in the April 18, 1985 slaying of police Officer Julius Schulte, who was responding to a domestic disturbance call. Madison was on parole at the time.

Madison had three trials, the last one in 1994. State appellate courts twice had sent the case back to Mobile County, once for a violation based on race-based jury selection and once based on improper testimony for an expert witness for the prosecution. He is one of Alabama's longest-serving death row inmates.

Madison's attorney in February filed a motion seeking to stop his execution, saying Madison suffers "from significant cognitive decline, acute mental health disorders, and severe medical problems that render him incompetent to be executed." A Mobile County judge has set an April 14 competency hearing for Madison.

Madison was set to be transferred to the Mobile County Metro Jail on Thursday for an examination on his competency to be executed, court records show. It was not clear if that happened.

The two other inmates that have pending execution motions by the Attorney General's Office are Robert Bryant Melson, convicted in Etowah County, and Ronald Bert Smith, convicted in Madison County, according to the Attorney General's Office. All three inmates are currently on the death row at Holman Correctional Facility in Atmore.

The requests by the Attorney General's Office came about a month after the state executed by lethal injection death row inmate Christopher Eugene Brooks - the state's first execution in more than two years.

www.al.com
Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

time2prtee

#1
April 08, 2016, 06:50:31 PM Last Edit: April 08, 2016, 06:53:41 PM by time2prtee
http://off2dr.com/smf/index.php?topic=4600.msg26151#msg26151

Ex parte Vernon Madison

                                             PETITION FOR WRIT OF CERTIORARI
                                         TO THE COURT OF CRIMINAL APPEALS

                                                        (Re:     Vernon Madison
                                                                                v.
                                                                           State)

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

SEE, JUSTICE.

           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.     

I.
           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
cop."

           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."

Source: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=al&vol=1961635&invol=1

                  --------------------------------------------------------------
This guy had 3 trials!

"Indeed, the decision that capital punishment may be the appropriate sanction in extreme cases is an expression of the community's belief that certain crimes are themselves so grievous an affront to humanity that the only adequate response may be the penalty of death."  SCOTUS

Peace and Comfort to all Victims and Families

Grinning Grim Reaper

Judge rules that Alabama death row inmate is competent to be executed May 12

 An Alabama circuit court judge has denied a request to suspend the May 12 execution date of Vernon Madison, who has been on the state's death row for 31 years.

 Madison was convicted in September 1985 and sentenced to death in Mobile County in the April 18, 1985, slaying of police Officer Julius Schulte, who was responding to a domestic disturbance call. Madison was on parole at the time.

 At a competency hearing April 14, testimony was offered by Dr. Karl Kirkland, a court-appointed clinical and forensic psychologist; Dr. John Goff, a psychologist hired by Madison's attorneys; and Carter Davenport, the warden at W.C. Holman Correctional Facility.

 Madison's attorneys argued that several strokes had caused such significant mental decline that he no longer understood why the state intended to execute him. His attorneys from the Montgomery-based Equal Justice Initiative are seeking a stay of execution.

www.al.com
Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

turboprinz

I apologize for my not perfect English. Hopefully you understand what I mean. If not - ask me. I will try to explain.

Grinning Grim Reaper

Lawyers Tell Court Inmate Is Incompetent, Can't Be Executed  :P  :P  :P

MONTGOMERY, Ala. (AP) -- Lawyers for an Alabama death row inmate are asking a federal court to stop his execution next week, saying he is incompetent because of mental illness, strokes and dementia.

 Attorneys for 65-year-old Vernon Madison filed the emergency stay request Wednesday in federal court in Mobile.

 Madison is scheduled to get a lethal injection May 12. He was convicted in the 1985 slaying of Mobile police Officer Julius Schulte.

 Madison's attorneys said he does not remember specific facts of the fatal shooting and "does not have a rational understanding of why the state is seeking to execute him."

 The emergency filing came after a Mobile County judge last month found that Madison was competent and knew why he was being executed.

 The state has until Monday to file a response.

www.abcnews.com
Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

Grinning Grim Reaper

Alabama Asks Court to Allow Execution Set for This Week


By The Associated Press

MONTGOMERY, Ala. -- May 9, 2016, 3:20 PM ET

The state of Alabama is asking a federal judge to allow an execution to move forward later this week.

The state attorney general's office filed documents Monday opposing a bid by 65-year-old Vernon Madison to postpone his execution, now scheduled for Thursday.

Madison's lawyers claim strokes and dementia have left the prisoner incompetent to face lethal injection for killing Mobile police officer Julius Schulte in 1985.  :P

But prosecutors say an expert determined Madison understands the court process and the reason he's facing the death sentence despite a stroke. They say there's little chance Madison would win an appeal.

Documents show Madison shot Schulte in the head as he sat in his police car after responding to a call about a domestic dispute involving Madison.

www.abcnews.com
Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

Grinning Grim Reaper

Alabama death row inmate Vernon Madison seeks stay of execution

 
By Kelsey Stein

May 10, 2016 at 6:02 AM, updated May 10, 2016 at 7:37 AM

Attorneys for an Alabama death row inmate are asking a judge to stay his execution set for Thursday and resentence him to life without parole based on recent U.S. Supreme Court rulings.

Vernon Madison, now 65, was charged and convicted in the April 18, 1985, slaying of police Officer Julius Schulte, who was responding to a domestic disturbance call.

He had three trials because state appellate courts twice sent the case back to Mobile County, first for a violation based on race-based jury selection and later based on improper testimony from an expert witness for the prosecution.

He was convicted in a third trial in 1994. The jury then recommended a sentence of life without parole, but Mobile County Circuit Judge Ferrill McRae overrode the decision and sentenced him to death.

In January, the U.S. Supreme Court ruled in Hurst v. Florida that Florida's scheme allowing judges to override a jury's sentencing recommendation in death penalty cases was unconstitutional. The decision prompted Florida's legislature to rewrite its capital punishment sentencing law.

Alabama has a similar sentencing scheme, though the attorney general's office has noted that it was upheld by the U.S. Supreme Court in 1995.

www.al.com
Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

Grinning Grim Reaper

Alabama judge denies stay of execution for death row inmate Vernon Madison

 
By Kelsey Stein

Updated May 10, 2016 at 12:08 PM


Update: In an order issued Monday evening and filed in online court records Tuesday, Mobile County Circuit Judge Robert H. Smith dismissed Madison's petition seeking a stay of execution.

The judge noted in the order that the Alabama Court of Criminal Appeals is currently reviewing the state's death penalty statute, in light of the U.S. Supreme Court's Hurst v. Florida decision.

www.al.com
Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

Grinning Grim Reaper

Witness to an execution


Published 12:00 am Wednesday, May 11, 2016

Williams investigated 1985 murder of fellow officer

If the execution of Vernon Madison proceeds as planned this week, Andalusia's Wilbur Williams plans to be present.

Williams, former Andalusia police chief, was a homicide investigator for the Mobile Police Department when Madison, now 65, was charged with killing one of Williams' co-workers in April of 1985.

Cpl. Julius Schulte was a juvenile investigator at the time of his death.

A Mobile woman, who lived with Madison at the time, had reported her child was missing as a result of a domestic situation. Schulte was dispatched to investigate. He was in his unmarked car, talking to the woman through the passenger window, when Madison approached the vehicle from the rear and the driver's side, and fired two shots into the back of Schulte's head.

"He was a big old teddy bear of a man," Williams recalled. "There were hundreds if not thousands of juveniles he had helped."

Williams said Schulte never knew what hit him. Williams was with the family when they made the decision to take him off life support, and also present for the autopsy that followed.

"We had an eyewitness who told us it was (Madison)," Williams recalled.

Williams said Madison never admitted to pulling the trigger that killed Schulte; but he also never denied it.

Madison was found guilty three times, the first time in September of 1985. State appellate courts twice had sent the case back to Mobile County, once for a violation based on race-based jury selection and once based on improper testimony for an expert witness for the prosecution.

His last trial was in 1994.

His attorneys have asked for a stay in the execution, citing his current mental condition. A Mobile County circuit judge dismissed the petition, but the Alabama Court of Criminal Appeals is currently reviewing the state's death penalty statute and could still intervene.

Williams, the only surviving member of the seven-person team who investigated the murder, said Tuesday he has written to Gov. Robert Bentley, asking that he not grant clemency to Madison because of the heinous nature of his crime.

On Tuesday, he was seeking permission from the Department of Corrections to witness the execution; if that's not possible, he said he plans to stand at the gate of Holman Prison during the execution, set for 6:30 p.m. Thursday, in respect for Schulte's family.

The nonprofit Project Hope to Abolish the Death Penalty in Alabama has planned vigils in Birmingham, Mobile and Montgomery if the execution goes forward.

Those incarcerated at Holman prison in Atmore will show their respect and solidarity by refraining from sports and wearing their dress whites in the yard, where they will observe moments of silence and prayer on Wednesday and Thursday.

www.andalusiastarnews.com
Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

Grinning Grim Reaper



Alabama Inmate Asks Appeals Court to Halt Execution


By THE ASSOCIATED PRESS MAY 11, 2016, 12:40 P.M. E.D.T.

MONTGOMERY, Ala. -- Lawyers for an Alabama inmate are asking an appellate court to halt his upcoming execution.

Attorneys for Vernon Madison filed the stay request Wednesday with the 11th U.S. Circuit Court of Appeals.

Lawyers said the 65-year-old inmate's mental decline from strokes and dementia has left him without a rational understanding of why the state plans to execute him.  :P

Madison was convicted in the 1985 killing of Mobile Police Officer Julius Schulte. Prosecutors said Madison crept up and shot Schulte in the head as he sat in his police car after responding to a call about a domestic dispute involving Madison.

Madison is scheduled to be executed by lethal injection on Thursday.

The request comes after a circuit judge ruled Madison competent and a federal judge refused to halt the execution.

www.newyorktimes.com
Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

Grinning Grim Reaper

Alabama Supreme Court denies stay of execution for death row inmate Vernon Madison

 The Alabama Supreme Court has denied a request to halt the Thursday execution of a death row inmate convicted of killing a Mobile police officer.

 Vernon Madison, 65, is represented by the Equal Justice Initiative, a Montgomery-based nonprofit law firm that primarily represents prisoners and the poor.

 On Tuesday, EJI attorneys filed a motion seeking a stay of execution from the state Supreme Court, citing two recent U.S. Supreme Court rulings that have "raised fundamental questions about the constitutionality of the use of judicial override in Alabama."

 In January, the U.S. Supreme Court ruled in Hurst v. Florida that Florida's scheme allowing judges to override a jury's sentencing recommendation in death penalty cases was unconstitutional.

 Alabama has a similar sentencing scheme, though the attorney general's office has noted that it was upheld by the U.S. Supreme Court in 1995.

 In another ruling issued May 2, the U.S. Supreme Court granted review of the case of Alabama Death Row inmate Bart Johnson. It was the first Alabama case challenging the state's capital murder sentencing scheme to be reviewed by the U.S. Supreme Court since Hurst was decided.

 EJI asked that the Alabama Supreme Court grant a stay so that Madison could litigate his challenge to the state's death penalty sentencing scheme and judicial override system.

 In an order issued Wednesday, the court unanimously denied the request.

www.al.com
Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

Grinning Grim Reaper

Appeals court delays execution for convicted killer in Alabama


Published May 12, 2016 Associated Press

A federal appeals court delayed the execution of an Alabama inmate on Thursday, saying there should be more time to review his claim that he is no longer competent because of strokes and dementia.  :P

The 11th U.S. Circuit Court of Appeals issued the stay about seven hours before Vernon Madison, 65, was scheduled to die by lethal injection.

Madison was convicted in the 1985 killing of Mobile police Officer Julius Schulte. Schulte had responded to a domestic call involving Madison. Prosecutors said Madison crept up and shot Schulte in the back of the head as he sat in his police car.

Madison's attorneys had argued that he no longer had a rational understanding of his impending execution. They argued in court filings that he has an IQ of 72, does not independently recall facts of his case and has talked of moving to Florida because he believes he is going to be released from prison.  :P

Attorneys for the state said a lower court, after a hearing, found Madison competent. The appeals court said it will hold oral arguments on Madison's competency in June.

Prosecutors said Madison crept up and shot Schulte in the head as Schulte sat in his police car after responding to a call about a domestic dispute involving Madison.

His attorneys had made a flurry of last-minute legal filings seeking to halt the execution, arguing a judge improperly rejected a jury's 8-4 recommendation of life in prison. The state asked an appellate court to let the execution proceed, arguing Schulte's family and Mobile citizens have waited decades to see "justice carried out."

Madison's attorneys had also argued that Alabama's sentencing method is similar to one struck down in Florida. U.S. Supreme Court justices said Florida gave too much power to judges instead of juries.

Lawyers for the state have argued there are differences in Alabama's capital conviction requirements and sentencing structure that make it legal.

U.S. District Judge Kristi K. DuBose this week agreed with a lower court that Madison was competent and could be executed. DuBose cited testimony from a court-appointed expert that Madison could answer questions about his case, despite a decline in his health. She also noted Madison's reported response that, "my lawyers are supposed to be handling that," when the warden came to read him the death warrant.

www.foxnews.com
Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

Grinning Grim Reaper

Alabama fights to proceed with execution of cop killer Vernon Madison

 A federal court of appeals this morning stayed tonight's scheduled execution of Mobile cop killer Vernon Madison.

 The U.S. 11th Circuit Court of Appeals granted the stay less than eight hours before his execution was set to take place at Holman Correctional Facility in Atmore.

 The Alabama Attorney General's Office, however, is planning to appeal the ruling, Bryan Stevenson, founder and executive director of the Equal Justice Initiative which represents Madison, said just after noon today. The U.S. Supreme Court has created a docket for the A.G.'s appeal, but does not yet show any filings or orders.

 A department of corrections spokesman said they were still going through with plans for the execution pending a final order.

 A spokeswoman for the Alabama Attorney General's Office declined comment regarding the appeal.

 Madison had claimed he was mentally incompetent to be executed. His attorneys, from the Montgomery-based nonprofit Equal Justice Initiative, have been seeking a stay from state and federal courts since the execution date was set in March.

 On Wednesday, EJI attorneys filed the petition for a stay and a request for oral argument before the 11th Circuit Court of Appeals.

 The appellate court, in granting that request, noted that Madison's claim could not be raised until the execution was imminent, and that only an Alabama trial court and the federal district court have reviewed the claim.

 In a response to Madison's filing, state attorneys argued that the circuit judge considered all testimony and evidence in reaching the conclusion that Madison possesses a rational understanding of the offense and the execution.

 They say Madison alleges that the circuit judge failed to extend cases of precedent to include stroke-related impairments to mental capacity, rather than psychosis or delusions.

 According to the appellate court's order filed Thursday morning, the court offers two reasons for granting the stay. First, the state court's finding that Madison is competent to be executed "is contrary to or involves an unreasonable application of clearly established federal law." Secondly, the state judge's decision was an unreasonable conclusion based on the evidence presented at the competency hearing.

 The appellate court has now directed the attorneys to file briefs addressing those issues. Madison's attorneys must file by May 27, and the attorney general's office must respond by June 10. Madison's attorneys then will have until June 17 to file a reply.

 Oral argument will take place in Atlanta on June 23, with each side allowed 30 minutes.

www.al.com

This is a long shot.  SCOTUS generally does not step on lower court's toes unless they are bitch slapping the 9th Circus.  ;D
Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

phlebbb

US appeals court delays execution for Alabama inmate

BY KIM CHANDLER

 
MONTGOMERY, ALA.
A federal appeals court on Thursday delayed the execution of an Alabama inmate -- just hours before he was scheduled to receive a lethal injection-- in order to review claims that it would be unconstitutional to execute him because he is no longer competent because of strokes and dementia.

The 11th U.S. Circuit Court of Appeals issued the stay about seven hours before Vernon Madison, 65, was scheduled to die at 6 p.m. by lethal injection at a state prison in Atmore. The appellate court said it will hear oral arguments in Madison's case in June. The Alabama attorney general's office responded with an emergency motion to the U.S. Supreme Court, asking it to let the execution proceed before the death warrant expired at midnight.

Madison was convicted in the 1985 killing of Mobile police Officer Julius Schulte. Schulte had responded to a domestic call involving Madison. Prosecutors said Madison crept up and shot Schulte in the back of the head as he sat in his police car.

Attorneys for the Equal Justice Initiative say that multiple strokes and dementia have left Madison frequently confused and disoriented and unable to understand his pending execution. They said he has an IQ of 72, can no longer walk independently and at one point talked of moving to Florida because he believed he was going to be released from prison.

"Mr. Madison suffers from dementia, has no independent recollection of the offense he was convicted of and consequently does not have a rational understanding of why the State of Alabama is attempting to execute him," attorneys with EJI wrote in the stay request.

The U.S. Supreme Court has ruled, in cases involving inmates with mental illness, that condemned inmates must possess a "rational understanding" that they are about to be executed and why, but left it to lower courts to sort out what that looks like in individual cases.

Attorneys for the state of Alabama asked the U.S. Supreme Court to vacate the stay issued by the 11th Circuit, saying that a lower court found Madison competent and that Madison is falsely claiming the court didn't consider his dementia when ruling he understood his impending execution.

"The Eleventh Circuit appears to have bought into Madison's incorrect representation of the State court's order as having refused to consider evidence of his stroke-related dementia in finding that Madison had a rational understanding of his impending execution," lawyers for the state wrote.

Madison's attorneys argued to the high court that the execution should be stayed because the competency claim has not yet been reviewed on appeal. They said a "quirk of Alabama law" prohibited them from appealing the lower court's finding.

U.S. District Judge Kristi K. DuBose this week agreed with a lower court that Madison could be executed. DuBose cited testimony from a court-appointed expert that Madison could answer questions about his case, despite a decline in his health. She also noted Madison's reported response that, "my lawyers are supposed to be handling that," when the warden came to read him the death warrant.

Madison's attorneys on Thursday had also sought a stay from the U.S. Supreme Court, arguing Alabama's sentencing method is similar to one struck down in Florida. The jury in Madison's third trial made an 8-4 recommendation of life in prison, but the trial judge sentenced him to the death penalty. Madison's first two convictions were overturned.

One other inmate in Alabama has been put to death this year after a lull of more than two years because of difficulty obtaining lethal injection drugs and litigation over the death penalty.

Christopher Eugene Brooks was executed in January for the 1992 rape and beating death of 23-year-old Jo Deann Campbell.
People that think they know it all, annoy the hell out us who actually do ...

Grinning Grim Reaper

What's next for Alabama death row inmate Vernon Madison after execution was stayed?

Kelsey Stein

May 13, 2016 at 6:00 AM, updated May 13, 2016 at 6:03 AM

More than two hours after Vernon Madison was scheduled to be put to death Thursday by the state of Alabama, the U.S. Supreme Court issued a ruling upholding a lower court's stay of execution.

Madison's attorneys from the Montgomery-based nonprofit Equal Justice Initiative had been seeking a stay from state and federal courts since the execution date was set in March.

For weeks, their requests had been denied until a federal appellate court granted their petition less than eight hours before Madison was to be put to death.

Madison, one of Alabama's longest-serving death row inmates, was convicted in the April 1985 slaying of Mobile police Cpl. Julius Schulte.

His was convicted and sentenced to death in both 1985 and 1990, but both times an appellate court sent the case back, first for a violation involving race-based jury selection and then based on improper testimony from an expert witness for the prosecution.

In 1994, he was tried for a third and final time and convicted. The jury recommended a life sentence, but the judge overrode the recommendation and sentenced him to death.

www.al.com
Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

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