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Death Row - What you need to know! General and State Specific questions/answers about Death Row - mail & more - whatever you need to know can probably be found here!

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  #1  
Old 02-22-2010, 12:17 PM
JJS811 JJS811 is offline
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Default No new trial in Texas police officer death

WASHINGTON The Supreme Court on Monday reversed a lower court decision that gave a new trial to a man convicted of killing a police officer in Texas.
The high court ordered the 5th U.S. Circuit Court of Appeals to reconsider its decision that Anthony Cardell Haynes should get a new trial or be released from death row. The New Orleans-based federal appeals court had ordered Haynes retried or released because a prospective juror was improperly excluded from his trial because of race.

http://www.chron.com/disp/story.mpl/...rce=feedburner
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Old 07-12-2018, 09:56 AM
Kronos Kronos is offline
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This case is getting ridiculous. In short for those who don't know Anthony shot an off duty police officer. There was no way of knowing at the time that Sgt. Kent Kincaid was a police officer. While his habit led him to holding up people while using drugs that is not a reason to be on death row. There is significant mitigation at the time that Anthony was an honor student and wanted to join the military. There is a significantly held opinion that Anthony shot at Sgt. Kent Kincaid in self defense which should take the death penalty off the table. Anthony was 19 at the time.

Anthony is now back on the row in Texas where he could be set a new execution date any day now. He's just had another appeal rejected on the basis that his mitigation was not raised earlier in the process and so it cannot be raised now.

Anthony is a perfect example of a black prisoner in Texas who does not deserve to be executed. He is now in his late 30s and has already served a life sentence for his crime. Last time this happens it came down to minutes before his execution when he was granted a stay. Despite having a good legal team he finds himself in a situation where his execution could be imminent.


https://www.chron.com/news/houston-t...l-12898780.php

Last edited by Kronos; 07-12-2018 at 09:58 AM..
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Old 07-12-2018, 04:30 PM
CenTexLyn CenTexLyn is offline
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Before claiming he has 'already served a life sentence' you need to learn a little something about Texas parole requirements. With when this offense occurred, he would not even BE eligible for parole yet. This isn't the 80's where some life sentences came up inside of seven years and it isn't the quarter-era where one could come up after fifteen calendar years. As I recall this case, he would still actually have twenty MORE years to go to reach an eligibility date...I am remembering it as being in the period where 40 years was required to be eligible.
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Old 07-12-2018, 05:39 PM
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A self defense claim would mean no conviction. An imperfect self defense claim would be what? Maslaughter? Most people would be out by now on a manslaughter beef.

Unfortunately he did his crime in an era when juries were much more apt to give the DP, and when more prosecutors were seeking death. Honors student aside, if he was actively doing drugs, even in the ‘90’s, he wasn’t going to make it into the military. They pee tested you before you got on the bus to go to boot back then. (If you were female and popped positive for pregnancy, you were cut loose at that point as well).

The “cop” aggravator is a difficult aggravator to apply in DP cases and different states have different rules - off duty, plain clothes, auxiliary, cadet, security guard, campus security, what is a cop, and when should that enhancement apply. But we are talking about an IAC claim. Such a claim is hard to make and maintain, especially in TX.
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Old 07-12-2018, 08:22 PM
Kronos Kronos is offline
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I made no illusion that it should be "a perfect self defense case" in fact quite clearly its not. There were however numerous mitigation factors that simply weren't even tested in a court in any sense, loosely, or otherwise. I am well aware of the other factors involved in the matter regarding drug testing. The system is far from perfect in that regard but that's a tangent in itself regarding drug use in the military.



The crux of it is fairly simple, you take a black person in Texas, you construct a situation and you create a series of sensationalist headlines that he's a "cop killer" as delightfully reputable media sources such as "The Chron" do and you create your own prophecy.


It's been pretty obvious the person in this case has had a strong argument to go through so many levels of appeal. No one here is saying he is innocent, the bigger issue is that he is on death row in the first place. He was 19 years old at the time and as we are aware from all knowledge of developmental psychology, quite possibly incapable of seeing how those decisions could affect the outcome of the rest of his life.
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Old 07-12-2018, 08:58 PM
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Quote:
Originally Posted by Kronos View Post
I made no illusion that it should be "a perfect self defense case" in fact quite clearly its not. There were however numerous mitigation factors that simply weren't even tested in a court in any sense, loosely, or otherwise. I am well aware of the other factors involved in the matter regarding drug testing. The system is far from perfect in that regard but that's a tangent in itself regarding drug use in the military.



The crux of it is fairly simple, you take a black person in Texas, you construct a situation and you create a series of sensationalist headlines that he's a "cop killer" as delightfully reputable media sources such as "The Chron" do and you create your own prophecy.


It's been pretty obvious the person in this case has had a strong argument to go through so many levels of appeal. No one here is saying he is innocent, the bigger issue is that he is on death row in the first place. He was 19 years old at the time and as we are aware from all knowledge of developmental psychology, quite possibly incapable of seeing how those decisions could affect the outcome of the rest of his life.
DP litigation in TX is aggressive no matter who is given death. It is not uncommon to have multiple appeals in multiple courts up to execution.

19is considered old enough. It was like pulling teeth to get SCOTUS (a very different SCOTUS than that exists now, and the one that may come if the next pick takes after Kennedy's retirement) to get the age raised to 18. Trying to say 19 is too young is not going to go anywhere anytime soon.

Look, it was an IAC appeal. The criteria for IAC, especially in Texas, is especially high. What does this mean? It means unless hes incredibly lucky, hes pretty screwed. This does not mean that he wont have representation, aggressive representation, and that my friends will not fight tooth and nail to keep him out of the execution chamber. But it also means that hes going to have to be incredibly lucky as well. He knows this. Anybody with half a brain whos been on the row knows this.

Society doesnt care atm. Are the stats on racial disparity in death sentences at Furman levels? Is it a relevant argument that can be made now that LWOP is so common? Dunno. Its all esoteric rhetoric in comparison to where he is right now. But, dont make the mistake of thinking just because there are a lot of appeals that there are a lot of issues. Hes at the IAC level - we are not talking high odds of winning anything. Im happy that he got a favorable ruling, saddened that it was overturned, but there is still a great deal of distance between where he is now and a reduced sentence or a new trial. He is dangerously close to the end, and that does nobody any good, especially him.

Btw, perfect self defense and imperfect self defense are terms of art. They refer to any self defense claim - success with one means he walks, success with the other means the charge is reduced, failure means he winds up where he is now considering the aggravators. All of those are issues to raise at trial and cannot be raised outside of trial. We are talking a jurisdiction that had a tax lawyer represent a man charged with a death qualified murder - the tax lawyer's first criminal case was a death qualified murder. Another case involved an attorney who fell asleep during parts of trial. Still another had an inebriated attorney who was busted for DUI returning for court. All were considered to supply adequate counsel. IAC is a huge burden to meet. It is quite telling that hes at that stage.
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Old 07-13-2018, 12:48 AM
Kronos Kronos is offline
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I didn't say they were not terms of art, no one ever raised the fact that it was perfect self defense, a mans life was lost as a result of this. It was most definitely an ineffective self defense leading to manslaughter and this has been the whole basis of the claims of the defendant for as long as the case has been in the courts.



On the other hand, he has been given multiple rights to appeal the matter. I believe my views are outlined in the latest dissent from Justice James L. Dennis.


Quote:
JAMES L. DENNIS, Circuit Judge, dissenting:
At the time of the capital crime in question, Anthony Haynes was nineteen years old, had no prior criminal record, and was apparently under the influence of drugs. At the punishment phase of his capital trial, Haynes was deprived of the opportunity to present his best defense. Haynes was deprived of the opportunity to raise his ineffective assistance of trial counsel claim in state court by what appears to have been egregiously deficient post-conviction counsel. And he was deprived of federal review of his claim by a procedural bar that the Supreme Court has since expressly lifted. The majority opinion now refuses to allow Haynes’s claim to go forward, on the theory that Haynes’s claim lacks merit and that, in any event, he has already had a fair shot at litigating it. Because I believe that Haynes presents a substantial ineffective- assistance-of-trial-counsel claim that has never been properly considered and that the district court abused its discretion in failing to reopen his case, I respectfully dissent.
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Old 07-13-2018, 08:16 AM
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You mean imperfect self defense not ineffective self defense. In both perfect and imperfect self defense, a person loses his life, at least in murder trials where the affirmative defense is raised.

Dissent is just that - dissent. Fun to write, allows a judge to vent his spleen, but ineffective in granting any sort of relief.
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