Darick Demorris Walker, Virginia - 05/20/10

Started by heidi salazar, September 24, 2009, 01:31:32 PM

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heidi salazar

September 24, 2009, 01:31:32 PM Last Edit: March 30, 2010, 10:02:43 AM by Michael
Execution case argued before appeals court


A Virginia death-row inmate who killed two men in Richmond cannot be executed because he is mentally disabled, his attorney told a federal appeals court yesterday.

A lawyer for the state countered that Darrick Walker, 37, failed to prove he is disabled through IQ tests and evidence about how well he functions in society.

Walker kicked in a door and killed a man in front of his loved ones on two separate occasions. He was convicted of killing Stanley Rogers Beale in November 1996 and Clarence Elwood Threat in June 1997. Virginia law allows the death penalty for anyone who commits two premeditated murders within three years.

Walker's attorney, Jody Kris, told a three-judge panel of the 4th U.S. Circuit Court of Appeals that her client meets the "national consensus" for the definition of being mentally disabled. She said a lower court ignored Walker's low IQ test scores, as well as evidence of limitations in adaptive behavior.

The U.S. Supreme Court has ruled it unconstitutional to execute the insane or those with an IQ less than 70, established by the age of 18, who lack basic adaptive skills.

Steven A. Witmer, a senior assistant attorney general, argued that the evidence showed that Walker is below average in intelligence but not mentally disabled.

"Darrick Walker was tested throughout his life, and he consistently scored above the range of mental retardation on IQ tests," Witmer said.

He added that the lower court also ruled correctly on Walker's adaptive behavior. The court cited, among other things, evidence of Walker's ability to commit crimes that required him to interact effectively with other people.

According to trial testimony, Walker broke into Beale's apartment in the 1300 block of Graham Road and asked him, "What do you keep coming to my door for?"

Beale responded that he didn't know Walker, who then shot Beale four times in front of his daughter Bianca, who was 13 at the time. Bianca fled and took cover in a bathtub with her mother and two younger sisters.

In the other shooting, Threat's girlfriend, Andrea Noble, testified that she had turned down a date invitation from Walker, who later burst into her apartment in the 3500 block of Lawson Street. Walker followed her from the living room into the bedroom, where Threat was trying to put on his clothes. Walker shot Threat seven times as he lay balled up beside the bed, Noble testified.

The appeals court typically takes several weeks, or even months, to issue its decision.

http://www2.timesdispatch.com/rtd/news/local/crime/article/DETH23_20090922-210003/294749/

heidi salazar

#1
December 16, 2009, 09:34:39 PM Last Edit: March 10, 2010, 04:28:32 PM by Jeff1857
Va. death row inmate loses bid for new trial

Associated Press - December 16, 2009 4:15 PM ET

RICHMOND, Va. (AP) - A federal appeals court has denied a Virginia death row inmate's bid for a new trial.

Darrick Walker of Richmond was convicted of killing Stanley Beale in 1996 and Clarence Elwood Threat in 1997. Virginia law allows the death penalty for anyone who commits two premeditated murders within three years.

In a 2-1 decision Wednesday, a panel of the 4th U.S. Circuit Court of Appeals rejected Walker's claim that the prosecution failed to disclose evidence that would have negated the eyewitness testimony of Beale's 13-year-old daughter. The court said the undisclosed material was not enough to undermine confidence in the guilty verdict.

Walker also is claiming in a separate appeal that he cannot be executed because he is mentally disabled. The 4th Circuit has not yet decided that issue.

http://www.nbc12.com/Global/story.asp?S=11688364

Opinion here

http://pacer.ca4.uscourts.gov/dailyopinions/opinion.pdf/0811.P.pdf

heidi salazar

#2
January 28, 2010, 12:02:00 AM Last Edit: March 09, 2010, 09:00:56 PM by Heidi
Court Acts On 2 Va. Death Row Appeals

RICHMOND, Va. (AP) ― A federal appeals court ruled Wednesday on two Virginia death row inmates' claims that they can't be executed because they are mentally retarded, rejecting one appeal and sending the other back to a judge for further review.

A three-judge panel of the 4th U.S. Circuit Court of Appeals sent Leon J. Winston's case back to federal court in Roanoke to consider his retardation claim. A separate panel rejected a similar appeal by Darick Demorris Walker.

The U.S. Supreme Court ruled in 2002 that executing the mentally retarded amounts to unconstitutional cruel and unusual punishment. Winston and Walker both cited that case, Atkins v. Virginia, in their appeals.

Winston, of Fairfax County, was convicted of the 2002 slayings of Anthony and Rhonda Robinson in Lynchburg. Rhonda Robinson was pregnant at the time of the murder, and her 4-and 8-year-old daughters watched her die.

At his trial, Winston's attorneys attempted to portray their client's background as deprived. They did not pursue a retardation claim, even though an expert had described him as mildly retarded. The only three intelligence quotient test scores they had at the time put Winston slightly above 70, the legal threshold for mental retardation in Virginia.

Winston's appellate lawyers later found another IQ test on which he scored 66. The appeals court said that score should be considered at a new hearing.

Walker's appeal did not involve IQ tests but centered on a second measure of retardation -- severe limitations in his ability to function in society. Walker claimed that his difficulties reading, writing, holding a job and other "adaptive behavior" limitations showed he was mentally retarded.

However, an expert for the state offered a conflicting view. He said evidence suggested Walker had people read to him because it was more convenient, not because he was unable, and that he had quit several jobs but wasn't fired because of his inability to perform. The expert also said Walker's criminal record showed he was able to conceive and execute plans.

The appeals court said that given the conflicting testimony, it could not say a judge was plainly wrong in rejecting Walker's claim.

Walker was sentenced to death for fatally shooting Stanley Beale and Clarence Threat after breaking into their Richmond homes in 1996 and 1997, respectively.

http://wjz.com/wireapnewsva/Appeals.court.rejects.2.1453195.html

Opinion here

http://pacer.ca4.uscourts.gov/dailyopinions/opinion.pdf/0623.P.pdf

JT

That'll be Walker up for an execution date shortly then.
JT's Ridiculous Quote of the Century:
"I'm disgusted with the State for even putting me in this position."
-- Reginald Blanton, Texas death row.  As of October 27, 2009, Reggie's position has been in a coffin.

Moh

Virginia usually sets a date once the petition for a hearing en banc is denied.

heidi salazar

#5
March 09, 2010, 08:50:42 PM Last Edit: March 09, 2010, 09:01:53 PM by Heidi
4th Circuit denies Walker's request for rehearing and rehearing en banc.

Published opinion here

http://pacer.ca4.uscourts.gov/dailyopinions/opinion.pdf/0811R1.P.pdf

Jeff1857

RICHMOND, Va. (AP) - A federal appeals court has refused to reconsider a Virginia death row inmate's bid for a new trial.

In a 2-1 decision, a panel of the 4th U.S. Circuit Court of Appeals declined to ask the full court to review Darrick Walker's case. The Richmond man was convicted of killing Stanley Beale in 1996 and Clarence Elwood Threat in 1997. Virginia law allows the death penalty for anyone who commits two premeditated murders within three years.

Judge Roger Gregory was the dissenter in Tuesday's decision. He said the prosecution failed to disclose police reports casting doubt on the credibility of the eyewitness testimony of Beale's 13-year-old daughter. Gregory said the jury should have been allowed to hear that evidence.

http://www.nbc12.com/Global/story.asp?S=12112023

heidi salazar

#7
March 29, 2010, 04:10:27 PM Last Edit: March 29, 2010, 04:22:01 PM by Heidi
 May execution date has been set for a death row inmate who killed two men in Richmond.

The Richmond Circuit Court set a May 20 execution date for Darick Walker, who was convicted of killing Stanley Beale in 1996 and Clarence Elwood Threat in 1997.

Virginia law allows the death penalty for anyone who commits two premeditated murders within three years.

Earlier this month a federal appeals court refused to reconsider Walker's case.

http://hamptonroads.com/2010/03/may-execution-set-man-separate-richmond-cases

artie65

#8
March 29, 2010, 04:18:06 PM Last Edit: March 29, 2010, 04:23:46 PM by Heidi
According to testimony, Walker broke into Beale's apartment on Nov. 22, 1996, pointed a gun at Beale and asked, "What you keep coming up to my door? What you looking for me for?" Beale said he didn't know Walker, and Walker shot him three times as his 13-year-old daughter watched.

In the other shooting, the victim's girlfriend said she turned down a date invitation from Walker, who burst into her home on June 18, 1997, and shot Threat seven times.

Walker's attorney did not immediately return a call seeking comment Monday.

Walker has claimed that the prosecution failed to disclose police reports casting doubt on the eyewitness testimony of Beale's 13-year-old daughter.

In a separate appeal, he also claimed that he was mentally disabled, which would make him ineligible for the death penalty.

The court rejected both those claims. Earlier this month, a federal appeals court refused to reconsider Walker's case.

The Richmond Circuit Court set the execution date on Friday.
Whoso sheddeth man's blood, by man shall his blood be shed (Gen. 9: 6)

Michael

#9
March 30, 2010, 10:01:22 AM Last Edit: March 30, 2010, 10:21:22 AM by Heidi
May 20 execution date set for man convicted of Richmond slayings

A May 20 execution date has been set for Darick Demorris Walker, convicted in 1998 of shooting two Richmond men to death in front of loved ones.

Walker, 37, has been on Virginia's death row longer than any of the other current 13 inmates. He was convicted in 1998 under a state law that permits the death penalty for committing two premeditated murders within three years.

The execution date was set in Richmond Circuit Court last week after a three-judge panel of the 4th U.S. Circuit Court of Appeals turned down his appeal and, earlier this month, the court rejected his bid for the full court to hear his case.

His lawyer, Danielle Spinelli, could not be immediately reached for comment on whether an appeal has been or will be filed with the U.S. Supreme Court or on a possible clemency bid to Gov. Bob McDonnell.

Among other things, Walker's lawyers contend he is mentally retarded.

But in its most recent opinion, a split panel of the appeals court held that Walker had not proven he fit the legal definition for mental retardation which, in addition to a low IQ, also requires significant limitations in living and other adaptive skills.

In a 2002 ruling in another Virginia case, the U.S. Supreme Court ruled that persons who are mentally retarded cannot be executed.

On Nov. 22, 1996, Walker broke into the apartment of Stanley Beale, 36, in the 1300 block of West Graham Road, asked Beale "What do you keep coming to my door for?" and fired at least four shots at Beale as his family fled and hid in a bathroom. ¶

On June 19, 1997, Walker kicked the door in to the apartment of Clarence Elwood Threat, 34. Walker shot Threat in the leg and then a half dozen times as he lay on the floor in front of his girlfriend.

http://www2.timesdispatch.com/rtd/news/local/crime/article/may_20_execution_date_set_for_man_convicted_of_richmond_slayings/333743/
I´m not sure if there´s a hell, but I believe in executed murderers.

JT

That was quick...!
JT's Ridiculous Quote of the Century:
"I'm disgusted with the State for even putting me in this position."
-- Reginald Blanton, Texas death row.  As of October 27, 2009, Reggie's position has been in a coffin.

Anne

#11
May 06, 2010, 05:40:55 PM Last Edit: May 06, 2010, 05:42:54 PM by AnneTheBelgian
http://www2.timesdispatch.com/rtd/news/local/crime/article/va._death_row_inmate_asks_supreme_court_to_block_execution/342596/

Va. death row inmate asks Supreme Court to block execution

By AP
Published: May 6, 2010

RICHMOND, Va. (AP)--Attorneys for a Virginia inmate set to be executed later this month are asking the U.S. Supreme Court to block the execution.

Darick Walker's attorneys say executing him May 20 would be unconstitutional because of his subaverage intellectual functioning and because of conflicting testimony of two eyewitnesses in his case.

Walker was convicted in 1998 of killing two Richmond men seven months apart. Virginia law allows the death penalty for anyone who commits two premeditated murders within three years.

His attorneys claim the prosecution failed to disclose police reports casting doubt on the testimony of one victim's daughter. They also claim the eyewitness in the other shooting first told police she didn't know the man who broke in and shot her boyfriend.








Anne

Destinee

Seriously? The courts have rejected both these claims and refused to review them further and he is still trying them? I am so tired of hearing the 'Im retarded' claim for an attempt to get out of responsibility for your actions. It is rarely brought up in the original trial and is basically saved to use as appeal and stall tactic when nothing else works. Ridiculous. I celebrate May 20th with my daughter by blowing out a candle on a cupcake (then she eats it) in honor of her late father/my husband's birthday. Looks like something else to consider on this day as well...thank goodness Virginia has enuff of a backbone that they dont do that many last minute stays so this one should go thru.
Matthew 5:9 says, "Blessed are the peacemakers, for they shall be called the children of God"
OfficerDownMemorialPage - RIP To All The Brave Men We Have Lost!

v1976ra

Well he does kinda look retarded to me... Hmmm.... but still he's a killer, so screw it. Hook him up anyway.  :(

;D ;D ;D ;D

Destinee

LOL!!!! ;D

Looks can be deceiving I guess but I agree.....give him the potion and call it done!!
Matthew 5:9 says, "Blessed are the peacemakers, for they shall be called the children of God"
OfficerDownMemorialPage - RIP To All The Brave Men We Have Lost!

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