Larry Swearingen - TX - 2/27/2013 STAYED

Started by antionette, January 24, 2007, 02:53:28 PM

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Grinning Grim Reaper

Well guess who showed up on the USSC order list today...

CERTIORARI DENIED  SWEARINGEN, LARRY R. V. TEXAS  12-1129

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

time2prtee

ON the ID channel right now....Facing Evil...so full of crap!
"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

The TCCA just gave Swearingen the stiff middle finger on his 4th DNA request...

IN THE COURT OF CRIMINAL APPEALS OF TEXAS
NO. AP-77,020
THE STATE OF TEXAS V. LARRY RAY SWEARINGEN, Appellee

ON DIRECT APPEAL FROM THE 9th JUDICIAL DISTRICT COURT OF MONTGOMERY COUNTY

Womack, J., delivered the opinion of the Court in which Keller, P.J., Meyers, Price, Keasler, Hervey, Cochran, and Alcala, JJ. joined. Johnson, J., concurred.

The appellee, Larry Ray Swearingen, was convicted in 2000 of the capital murder of Melissa Trotter and sentenced to death. We affirmed the judgment and sentence.1 He then filed seven applications for writs of habeas corpus, which were denied.

Here, the State appeals the decision of the trial court to grant the appellee's fourth Article 64 motion for DNA testing. In this appeal, as in a prior action, the appellee has not established that biological evidence exists or that, where it does, exculpatory test results would have affected his trial.

We shall reverse the trial court's order.

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

Grinning Grim Reaper

Court Reverses DNA Testing Decision in Swearingen Case

By Edgar Walters

The state's highest criminal court on Wednesday unanimously reversed a lower court's decision to allow further DNA testing in the case of death row inmate Larry Swearingen, sending his case back to a district court for further proceedings.

Swearingen was sentenced to death in 2000 after he was convicted of kidnapping, raping and killing 19-year-old Melissa Trotter in Montgomery County. His lawyers say DNA testing on evidence found near Trotter's body could prove his innocence, but prosecutors say further testing is unnecessary.

James Rytting, a lawyer representing Swearingen, said he would revisit the present motion for further DNA testing now that the case is before the district court once again.

"They remanded it," Rytting said of the Court of Criminal Appeals' decision. "They didn't say DNA testing is completely forbidden."

Bill Delmore, the Montgomery County assistant district attorney prosecuting Swearingen's case, said he would ask the court to set another execution date, adding that there was a "mountain of evidence" of Swearingen's guilt.

"Here we are, back where we started," he said.  That's the understatement of the year Bill.

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

Angelstorms OL'Man

OK some one correct me if I am wrong. Could they not test part of each sample leaving and untested sample to leave for the DA or DA's to retest if it came back in the thugs favor. I mean I know 98% are looking to get off on what ever they can. But seems if it was me I would be way pro-active.
This was designed to hurt....Its a SEAL Candace unless you have been there yo will never understand...

turboprinz

Attorney General's Office recommends April 24 execution date for Swearingen
Posted: Friday, March 7, 2014



A motion has been filed with the State of Texas recommending an execution date of April 24 for Larry Ray Swearingen.

The date was reserved by the state Attorney General's Office. The motion requests that, "If the Court is, for any reason, unable to accept the outcome of the prior appellate court proceedings, it is respectfully suggested that the presiding judge consider the possibility of voluntarily recusing himself from further participation in this case."

On Mar. 7, the State of Texas, through the Montgomery County District Attorney's Office, filed its sixth motion to set an execution date for Swearingen.

On Feb. 5, the Court of Criminal Appeals set aside 9th District Court Judge Kelly Case's order for more additional DNA testing. Citing the mountain of evidence against Swearingen and the numerous appeals that have already taken place, the court again ruled that Swearingen was not entitled to additional testing, having failed to show that additional testing would make a difference in the outcome of the case.

On Feb. 10, Montgomery County District Attorney Brett Ligon filed the State's fifth request that the district court set an execution date, but Case failed to rule on that motion or even set it for a hearing.

After the Court of Criminal Appeals issued its formal mandate on March 4, 2013, Ligon filed the sixth motion to set an execution date, pointing out that there is no litigation pending in the appellate courts and no reason for further delay.

Swearingen's execution previously was set for Feb. 17, 2013, by outgoing District Judge Fred Edwards. Shortly after Case's election, he vacated that execution order and directed that additional DNA testing occur. Ligon previously had offered to obtain expedited DNA testing of the evidence prior to the scheduled execution date but Innocence Project lawyers objected to the expedited DNA testing, and Case denied Ligon's request for release of the evidence and scheduled additional court proceedings.

Swearingen was seen with Melissa Trotter at Montgomery College shortly before her disappearance on December 8, 1998. Her body was found in a remote location in the Sam Houston National Forest near Lake Conroe on January 2, 1999. She had been strangled with a portion of a pair of panty hose, and the other portion of the panty hose was later found by Swearingen's landlord in Swearingen's trailer home. Swearingen's DNA, along with that of his wife, was found on the panty hose remnant recovered from the trailer. This evidence, along with a long list of other evidence clearly linking Swearingen to the murder, was reiterated by the Court of Criminal Appeals in their decision.

"The appellate courts have exhaustively reviewed the Swearingen case and found all the attempts by his lawyers to overturn the conviction to be lacking in any factual or legal basis," stated First Assistant District Attorney Phil Grant. "They clearly stated in their opinions that further appellate proceedings are wasteful and frivolous, and the trial court should set an execution date now. Failure to do so would be disrespectful to the appellate court process and to the Trotter family who deserves closure in the brutal murder of their daughter Melissa."

http://www.yourhoustonnews.com/courier/news/swearingen-execution-date-april/article_16568db4-4bed-55fb-b9d9-1ea73295d61d.html
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

And the TCCA just flushed a turd...Swearingen's 5th DNA request.

IN THE COURT OF CRIMINAL APPEALS OF TEXAS
NOS. AP-77,043 & AP-77,044

THE STATE OF TEXAS v. LARRY RAY SWEARINGEN, Appellee

ON DIRECT APPEAL IN CAUSE NO. 99-11-06435-CR FROM THE 9TH DISTRICT COURT MONTGOMERY COUNTY KEASLER, J., delivered the opinion of the Court, in which KELLER, P.J., MEYERS, JOHNSON, HERVEY, and RICHARDSON, JJ., joined. YEARY and NEWELL, JJ., join Part
IIB of the opinion. YEARY, J., filed a concurring and dissenting opinion, in which NEWELL, J, joined. ALCALA, J., filed a dissenting opinion.

O P I N I O N
The trial judge granted Larry Swearingen's request for post-conviction DNA testing of several pieces of evidence under Texas Code of Criminal Procedure Chapter 64. The judge also conditionally granted Swearingen's motion to release certain evidence for
preliminary testing to determine whether the evidence contained biological material. 

Because we once again find that Swearingen fails to satisfy Chapter 64's requirements, we reverse the judge's order.

It is well past time to light this POS up.

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

Grinning Grim Reaper

Appeals court again blocks DNA testing in slaying case


Posted: Wednesday, October 28, 2015 10:37 am |  Updated: 1:00 pm, Wed Oct 28, 2015.   

Associated Press

HOUSTON (AP) -- The state's highest criminal court again has reversed a trial judge's decision to allow additional DNA testing of evidence that a death row inmate contends could show he's not responsible for the slaying of suburban Houston college student nearly 17 years ago.
 
The Texas Court of Criminal Appeals on Wednesday said 44-year-old convicted killer Larry Swearingen isn't entitled to tests his attorneys contend could change the outcome of his trial for the abduction, rape and strangling of 19-year-old Melissa Trotter.

State District Judge Kelly Case twice allowed the testing. Montgomery County prosecutors now twice have successfully appealed those decisions.

Trotter's body was found in January 1999 in the Sam Houston National Forest south of Huntsville, nearly a month after she was last seen leaving a community college in Conroe.

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

madgenealogist

#233
October 29, 2015, 05:18:24 PM Last Edit: October 29, 2015, 05:19:55 PM by madgenealogist

Appeals court again blocks DNA testing in slaying case


Posted: Wednesday, October 28, 2015 10:37 am |  Updated: 1:00 pm, Wed Oct 28, 2015.   

Associated Press

HOUSTON (AP) -- The state's highest criminal court again has reversed a trial judge's decision to allow additional DNA testing of evidence that a death row inmate contends could show he's not responsible for the slaying of suburban Houston college student nearly 17 years ago.
 
The Texas Court of Criminal Appeals on Wednesday said 44-year-old convicted killer Larry Swearingen isn't entitled to tests his attorneys contend could change the outcome of his trial for the abduction, rape and strangling of 19-year-old Melissa Trotter.

State District Judge Kelly Case twice allowed the testing. Montgomery County prosecutors now twice have successfully appealed those decisions.

Trotter's body was found in January 1999 in the Sam Houston National Forest south of Huntsville, nearly a month after she was last seen leaving a community college in Conroe.

www.themonitor.com


I can't believe they would even be allowed to block something as crucial as DNA evidence.  Whatever you believe, surely a human is entitled to anything that could prove innocence.  If he's truly guilty, then the results will show that.

Dilligaf



Appeals court again blocks DNA testing in slaying case










I can't believe they would even be allowed to block something as crucial as DNA evidence.  Whatever you believe, surely a human is entitled to anything that could prove innocence.  If he's truly guilty, then the results will show that.


He is truly guilty, the evidentiary results have proven that, as have the judicial rulings.  If you play the game, and you keep coming up with the same losing hand, then perhaps it is time to stop playing the game....

madgenealogist




Appeals court again blocks DNA testing in slaying case










I can't believe they would even be allowed to block something as crucial as DNA evidence.  Whatever you believe, surely a human is entitled to anything that could prove innocence.  If he's truly guilty, then the results will show that.


He is truly guilty, the evidentiary results have proven that, as have the judicial rulings.  If you play the game, and you keep coming up with the same losing hand, then perhaps it is time to stop playing the game....


Then they should have nothing to hide and nothing to lose.

Grinning Grim Reaper

TCCA refuses to rehear DNA request in slaying case


The state's highest criminal court has refused to reconsider its ruling reversing a trial court judge's decision that would have allowed additional DNA testing of evidence a condemned killer contends could show he's not responsible for the slaying of suburban Houston college student in 1999.

The Texas Court of Criminal Appeals, without comment Wednesday, refused to rehear arguments from 44-year-old death row inmate Larry Swearingen.

The court last October for a second time overturned a Montgomery County judge's decision permitting the new tests. Swearingen's attorneys contend the test results could change the outcome of his trial for the abduction, rape and strangling of 19-year-old Melissa Trotter.

Her body was found in January 1999 in the Sam Houston National Forest nearly a month after she disappeared from a Conroe college.

www.texastribune.org

If you think this is getting monotonous...you are absolutely right.    ::)
Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

Grinning Grim Reaper

Judge sets death date for Montgomery County killer

After seven thwarted attempts, Montgomery County has finally succeeded in setting yet another execution date for its only death row convict, a Willis man who raped a 19-year-old coed before strangling her with panty hose nearly two decades ago.

Larry Swearingen, convicted of slaughtering Montgomery College student Melissa Trotter in 1998 and dumping her body in the Sam Houston National Forest, is slated to meet his fate in Huntsville's death chamber on Nov. 16, a judge ruled late Wednesday.

"It still won't bring back Melissa," her mother, Sandy Trotter said in July.

"There are no winners in this because we still don't have Melissa."

Victim advocate Andy Kahan said it's been a "painstaking" wait for the Trotter family.

"Even when you finally believe that you're going to achieve justice, until it actually happens you're questioning whether the actual execution will take place or not," he said.

And in Swearingen's case, those questions are particularly well placed.

This is the state's eighth effort to get Swearingen's execution on the calendar. At least four times, similar requests yielded a death date, but every time the Court of Criminal Appeals stayed the execution.

But it is those repeated bids for testing that have become the hallmark of Swearingen's legal case. For years, his lawyers have insisted that crime scene DNA taken from evidence near Trotter's body could hold the keys to prove his innocence. But prosecutors - and higher courts - have deemed such testing unnecessary.

At least twice, a trial court judge sided with Swearingen's testing requests - but each time the state slapped down the lower court's grant, ruling that new DNA wouldn't be enough to counter the "mountain of evidence" pointing to Swearingen's guilt.

Swearingen and Trotter were seen in the college's library together on Dec. 8, 1998 - the day of the teen's disappearance. Afterward, a biology teacher spotted Trotter leaving the school with a man. Hair and fiber evidence later showed that she'd been in Swearingen's car and home the day she vanished.

The killer's wife testified that she came home that evening to find the place in disarray - and in the middle of it all were Trotter's lighter and cigarettes. Swearingen later filed a false burglary report, claiming his home had been broken into while he was out of town.

That afternoon, Swearingen placed a call routed through a cell tower near FM 1097 in Willis - a spot he would have passed while heading from his house to the Sam Houston National Forest where Trotter's decomposing body was found 25 days later.

"A too trusting 19-year-old in the wrong place at the wrong time," Sandy Trotter said, recalling her daughter's death. "It's just every parent's nightmare."

Swearingen was convicted and sentenced to death in 2000. He went on to file what prosecutors described as "an abundance of habeas corpus applications, pro se motions, mandamus petitions, civil-right actions, and amended pleadings in both state and federal courts."

The state's Court of Criminal Appeals rejected all seven of Swearingen's habeas appeals, and in July a federal district court slapped down a civil suit seeking to win the convicted killer more DNA testing.

Through it all, Swearingen maintained his innocence.

"The way I look at it, I'm a POW of Texas," the former electrician has told the media. "It's my army against their army."

Even though his bids for more testing ultimately didn't pan out, Swearingen's DNA complaints sparked charges in state law in 2015. That year, lawmakers expanded access to testing by removing the requirement that the accused prove biological material - like saliva, sweat or skin cells - exists before testing evidence for it.

But no amount of DNA evidence would be enough to exonerate the convicted killer, prosecutors say.

Visiting Judge J.D. Langley greenlit Friday's decision in the 9th state District Court after Judge Phil Grant recused himself from the case in June 2016 given his prior involvement as a prosecutor during his time in the District Attorney's office.

Even at this late date in legal saga, Montgomery County prosecutor Bill Delmore still anticipates pushback from Swearingen's attorneys.

"I would say I'm cautiously optimistic that if there's an execution date we might finally see the culmination of this case," he said. "But I fully expect the attorneys for Swearingen to request another stay and they've been very tenacious in the past."

Even before the judge's decision, Swearingen's attorney James Rytting said he planned to file a motion opposing the execution date because DNA from a rape kit and the murder weapon had not yet been tested.

"How can you not test a rape kit?" he asked.

Just weeks before Langley issued his decision, Texas executed another convicted killer, Taichin Preyor. The San Antonio man was sentenced to death for killing a woman who sold him drugs. His attorneys filed a flurry of appeals, arguing that former lawyers who worked on the case were "utterly unqualified."

Even with the addition of Swearingen's death date to the calendar, the Lone Star State's use of capital punishment has been in a long-term downward slide.

So far, Huntsville has seen five executions in 2017, with another six - including Swearingen's - on the calendar. Another is already slated for early 2018, just days after all of the state's current supplies of lethal injection drugs expire, according to information obtained through a public records request.

The last time a Montgomery County killer saw the death chamber was in 2012, when Jonathan Green was executed for strangling and sexually assaulting a 12-year-old girl.

Afterward, he first buried the body, then dug it up and stashed it inside his house, behind a chair.

www.m.chron.com

Happy Thanksgiving Scumbag   8)
Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

deeg

It is about fricking time he met the devil and his victim and family find justice. 
The problem with socialism is that you eventually run out of other people's money - Margaret Thatcher
The most terrifying words in the English language: "I'm from the government and I'm here to help." - Ronald Reagan

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