Henry Dunn...Execution Date , May 14

[nighthawk_75253]

HENRY DUNN

<http://www.deathrow.at/polunsky/inmates/dunn.jpg>


MAY EXECUTION DATE SET FOR TEXAS DEATH ROW PRISONER "HENRY DUNN JR."

In a case that has been filled with ineffective assistance of counsel, Texas death row prisoner Henry Dunn Jr. has been scheduled a May 14th execution date by Diane DeVasto, 241st District Judge of Smith, County Tyler, Texas.

The latest events concerning Henry's counsel occurred when his counsel failed to file a timely Notice of Appeal so that Henry could file his next appeal to the 5th Circuit Court of Appeals, after his counsel filed the same documents used to file his State Writ of Habeas Corpus, Henry's counsel, Toby Wilkinson along with Joseph Bailey, filed the same documents to the federal courts as Henry's Federal Writ of Habeas Corpus, which these documents was denied in State court on September 15, 1999. After failing to file a timely Notice of Appeal, Henry has been denied to file the remaining appeals in his appeals process. Henry filed a complaint against his court appointed attorneys, and these attorneys have been removed from his process and replaced by attorney Mike Charlton of Houston, Texas.

Not only did Mr. Wilkinson not file a timely Notice of Appeal, after Henry's appeal was denied by the federal judge on June 29, 2001, Mr. Wilkinson failed to file for a rehearing in the process, in which a Summary of Judgment was granted to the State, based on a false claim that was not filed in Henry's appeal process, but Mr. Wilkinson failed to request the Summary Judgment be denied based on the false allegation. At the scheduling of Henry's execution date, Mr. Wilkinson on record admitted to a conflict of interest in the process.

A main issue in the appeals process of Henry's case is the representation by his Direct Appeal counsel Kerry Lee of Tyler, Texas. Mr. Lee had NO PERMANENT LICENSE TO PRACTICE LAW and NO BACKGROUND IN CAPITAL MURDER DEFENSE, and had been practicing law for LESS THAN TWO YEARS ! Mr. Lee did not quality under any guidlines to represent Henry en his appellate process, and no court has looked closely at Mr. Lee's performance or his qualifications. Mr. Lee requested oral argument in the case before the Court of Criminal Appeals, but on the day he was to argue the case, MR. LEE WAS A NO SHOW, because he was busy trying to keep his TEMPORARY LAW LICENSE ! Mr. Lee's performance and qualifications in Henry's appellate process favors the interest of the prosecution. The entire time Mr. Lee was on Henry's appeal process, he was having trouble keeping his temporary law license, so just how many hours did he spend preparing and researching the issues in Henry's case ? Mr. Lee did not file a Writ of Certiorari to the Supreme Court on behalf of Henry and the Supreme Court has never reviewed or took into consideration the issues in Henry's case.

The performance of Toby Wilkinson and the performance of Kerry Lee in Henry's appeal process, and the failure of Mr. Wilkinson to file a timely Notice of Appeal so that Henry may file his remaining appeals to challenge the representation of Mr. Lee, as well as his conviction, deprives Henry of Procedural Due Process under the Due Process Clause. The denial of Mr. Dunn's appeal by the Court of Criminal Appeals after Mr. Lee indicated he had problems with the process, and requested to have the process delayed or be taken off of the process, denies Henry Procedural Due Process under the Due Process Clause.

In the case of Texas death row prisoner Ricky Kerr, who's circumstances concerning his appeal counsel were similar to Henry's circumstances, in which Ricky was assigned a Habeas attorney, Robert McGlohon, who had been practicing law for ONLY TWO YEARS and NEVER TRIED or APPEALED A CAPITAL MURDER CASE. The Court of Criminal Appeals also denied Ricky's appeal, just as they did Henry's, and Mr. McGlohon later admitted in an affidavit that he did not understand the appeal process, just as Henry's lawyer Mr. Lee filed documents with the court asking to delay the process or remove him from the process, because he did not understand the process, and had more questions than answers. A federal judge later haulted Mr. Kerr's execution, and PROSECUTORS and LAWYERS IN THE STATE ATTORNEY GENERAL'S OFFICE then AGREED that Ricky Kerr deserved a new appeal.

Henry deserves a new appeal, and he needs your help in letter writing and phone calls to judges and politicians to bring the circumstances of his appeal process to their attention. One of the main issues in the death penalty debate this past election was EFFECTIVE ASSISTANCE OF COUNSEL for death row prisoners, and Senator Rodney Ellis as well as Governor Rick Perry of Texas was a big supporter of this bill, which was passed, but Henry has NOT HAD EFFECTIVE ASSISTANCE OF COUNSEL, and the courts have over-looked his representation as well as the issues in his case and appeal process. Henry would like to ask all death penalty opponents to help him with getting a stay of execution, and the courts to review his case, in hopes that he too will be granted a new appeal, just as Ricky Kerr, because that's what the law requires, and that's what Henry's case calls for. If you would like to help Henry, you can write to the following judges and politicians at the addresses below:
Example letter

GOVERNOR RICK PERRY
STATE CAPITOL
P.O.BOX 12428
AUSTIN - TEXAS 78711
FAX: (512)463 - 1849

COURT OF CRIMINAL APPEALS
ATT: JUDGES
SUPREME COURT BLDG.
201 W. 14 th ST.
P.O.BOX 12308
CAPITAL STATION
AUSTIN - TEXAS 78711

ATTORNEY GENERAL JOHN CORNYN
PRICE DANIEL
209 W. 14 th & COLORADO ST.
P.O.BOX 12548
AUSTIN - TEXAS 78711
FAX: (512) 463 - 2663

COURT OF CRIMINAL APPEALS
ATT: JUDGES
SR. BLDG. TOM C. CLARK STATE BUILDING
205 W. 14 th ST.
P.O.BOX 12308
CAPITAL STATION
AUSTIN - TEXAS 78711

OFFICE OF THE ATTORNEY GENERAL
P.O.BOX 12548
AUSTIN - TEXAS 78711
FAX: (512) 463 - 2063

FIFTH CIRCUIT COURT OF APPEALS
ATT: JUDGES PANEL
CLERK: CHARLES R. FULBRUGE 3RD
102 JOHN MINOR WISDOM
U.S. COURT OF APPEALS BLDG.
600 CAMP ST.
601 NEW ORLEANS - LOUISIANA 70130

SUPREME COURT OF THE UNITED STATES
ATT: SUPREME COURT JUDGES
CLERK: WILLIAM K. SUTER
ONE 1 ST N.E.
WASHINGTON - DC 20543

BOARD OF PARDONS AND PAROLE
P.O.BOX 13084
AUSTIN - TEXAS 78711
FAX: (512) 463 - 8120

SENATOR RODNEY ELLIS/ELIOT SHAPLEIGH
P.O.BOX 12068
AUSTIN - TEXAS 78711
FAX: (512) 463 - 6034

REPRESENTATIVE ELLIOTT NAISHTAT/HAROLD DUTTON
STATE CAPITOL
P.O.BOX 2910
AUSTIN - TEXAS 78768 - 2910
FAX: (512) 463 - 5896

If you would like to know more about Henry and his case, please go to the web sites below:
http://www.lampofhope.org/999165case.html
http://www.lampofhope.org/999165news.html
http://www.lampofhope.org/999165write.html

[SSK]

Henry Dunn received a stay and will not be executed as scheduled......

[sherri13]

GREAT NEWS!

[danielle]

That's wonderful news!!