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Post by thinkinkmesa on Jun 12, 2011 7:51:06 GMT -5
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Post by thinkinkmesa on Jun 12, 2011 7:52:23 GMT -5
Killer’s case to high court? The case of Trumbull County death row inmate Sean Carter could be headed to the U.S. Supreme Court. ''We're giving it a serious look right now. And while it's under review, we normally stay in close consultation with the local prosecutor in the case,'' said attorney Charles L. Wille, who handles state appellate cases through the federal courts for the Capital Crimes Division of the Ohio Attorney General's Office. The federal Sixth Circuit Court of Appeals in Cincinnati ruled on May 26 that Carter's latest appeal should be sent back to district court and action postponed until the 32-year-old convicted murderer's competency is restored. More; www.tribtoday.com/page/content.detail/id/557996/Killer-s-case-to-high-court-.html?nav=5021 |
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Post by guest on Mar 19, 2012 22:42:52 GMT -5
U.S. Supreme Court to decide execution delay case The U.S. Supreme Court will decide if a federal appeals court in Cincinnati ruled correctly when it concluded that federal post-conviction appeals should be delayed for an Ohio man convicted of rape and murder. The justices, without comment, agreed today to hear the case, a victory for Ohio Attorney General Mike DeWine. The high court will hear oral arguments next fall. The 6th U.S. Circuit Court of Appeals ruled last year that Sean Carter, convicted by a Trumbull County jury for the 1997 murder of his adoptive grandmother, suffered from such mental illness that he was not competent to have his appeals heard by the courts. Instead, in a 2-1 ruling, the court concluded that no further appeals could be heard until it was determined whether Carter was competent enough to understand the appeals process. Carter, who has been held in a state facility for mentally ill prisoners, is suffering from schizophrenia and hallucinations. He faces the death penalty. After exhausting his state appeals, new attorneys for Carter filed his federal court appeals, arguing that he did not have an effective lawyer during his trial. The federal appeals panel said “only Carter knows critical parts of the factual basis for these claims . . . and that evidence is inaccessible as long as he remains unable to communicate’’ with his new attorneys. DeWine, however, said in a statement that he was “pleased that the Supreme Court has decided to hear this important case. Our state courts have mechanisms in place to address a defendant's allegations of incompetency. This decision unnecessarily opens the door to decades of delay and collateral litigation in federal court.’’ www.dispatch.com/content/stories/local/2012/03/19/u-s.supreme-court-to-decide-execution-delay-case.html |
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Post by guest on Mar 20, 2012 2:57:26 GMT -5
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Post by thinkinkmesa on Sept 28, 2012 23:26:05 GMT -5
Source; www.slate.com/articles/news_and_politics/jurisprudence/2012/09/supreme_court_docket_2012_what_are_the_big_cases_to_watch_this_term_.htmlTibbals v. Carter, Tuesday, Oct. 9: We are not supposed to execute mentally insane people in this country. The Supreme Court said so in 1986. At the time, no state allowed such an execution; as Justice Thurgood Marshall pointed out, British judges back in the 17th century worried about the “miserable spectacle” of “extreme inhumanity and cruelty” presented by executing a “mad man.” That’s still the law, though it’s worth worrying over the low standard of competence courts use. Apart from that, what exactly is supposed to happen if a defendant is sentenced to death and then found to be incompetent, because of mental illness, to help his lawyer press his appeals? Two federal appeals courts, the 6th Circuit and the 9th Circuit, have essentially found that defendants have a right to be competent during the federal court proceeding called habeas corpus—basically, a defendant’s last-ditch chance to get off death row. The 9th Circuit stayed proceedings indefinitely in the case of Ernest Valencia Gonzales, who is psychotic, and who killed a man in the course of a burglary. In Ohio, a district court similarly ordered an indefinite stay for Sean Carter, sentenced to die for killing his adoptive grandmother, and then found to be delusional with schizophrenia. The state of Ohio, which wants to execute Carter, imagines courts handing out lots more delays under “extraordinarily loose standards,” bringing the death penalty to a halt in the state. Tuesday, Oct. 9: blogs.findlaw.com/supreme_court/2012/07/scotus-releases-october-hearing-schedule-for-2012-term.html |
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Post by thinkinkmesa on Sept 28, 2012 23:26:15 GMT -5
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Post by thinkinkmesa on Oct 9, 2012 19:14:01 GMT -5
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Post by thinkinkmesa on Aug 1, 2020 20:01:35 GMT -5
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Post by thinkinkmesa on Sept 24, 2020 19:18:24 GMT -5
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