[Deathpenalty] death penalty news----TEXAS, DEL., FLA., ALA., OHIO, W.VA., TENN.

2018-06-06 Thread Rick Halperin






June 6



TEXASstay of impending execution

June execution stayed for East Texas man claiming intellectual disability



An East Texas killer scheduled for execution in June won a stay Tuesday after 
his lawyers argued he may be too intellectually disabled to put to death.


Clifton Lamar Williams - who has an IQ in the mid-60s - was scheduled to die on 
June 21 for a 2005 slaying, when he robbed 93-year-old Cecilia Schneider before 
stabbing her and setting her body on fire.


Last month, the 34-year-old's lawyers filed court papers begging for relief 
based on a groundbreaking 2017 Supreme Court decision that upended how Texas 
determines intellectual disability.


In that earlier decision, the high court ruled in favor of condemned 
Houston-area killer Bobby Moore, finding that the state had used a dated method 
of figuring out who qualified as too mentally disabled to execute.


Under a more up-to-date standard, Williams' attorneys argued he shouldn't be 
eligible for the state's harshest punishment.


On Tuesday, the Texas Court of Criminal Appeals decided to bounce Williams' 
case back to a lower court for a hearing to consider the condemned killer's 
mental capacity.


"We remand this application to the convicting court for a live hearing to 
further develop evidence and make a new recommendation to this Court on the 
issue of intellectual disability," the court wrote. "Applicant's motion to stay 
his execution is granted."


Early this year, the case sparked a spat between the current legal team - Seth 
Kretzer and Wes Volberding - and another team of lawyers who wanted to get 
involved. The other legal team accused Kretzer and Volberding of abandoning 
their client when they didn't visit the condemned man for 3 years.


But a judge slapped down the request to knock the 2 Texas lawyers on the case, 
despite Williams' hand-written request for a new legal team.


The Lone Star State has executed 6 men this year. With Williams' death date off 
the calendar, Danny Bible - a Houston-area serial killer now in a wheelchair - 
is the next man scheduled to die.


(source: Houston Chronicle)

*

Executions under Greg Abbott, Jan. 21, 2015-present33

Executions in Texas: Dec. 7, 1982present-551

Abbott#scheduled execution date-nameTx. #

34-June 27Danny Bible-552

35-July 17Christopher Young---553

36-Aug. 30Joseph Garcia---554

37-Sept. 12---Ruben Gutierrez-555

38-Sept. 26---Troy Clark---556

39-Sept. 27---Daniel Acker557

40-Oct. 10Juan Segundo558

41-Oct. 24Kwame Rockwell---559

(sources: TDCJ & Rick Halperin)

***new death sentence//foreign national

Border Patrol agent's killer gets the death penalty



A jury has decided Gustavo Tijerina Sandoval deserves the death penalty for the 
2014 murder of a U.S. Border Patrol agent. Tijerina Sandoval, 34, was convicted 
last week in the death of Javier Vega Jr., the border agent who was shot to 
death while fishing with family in a rural area near Harlingen.


On Aug. 3, 2014, Tijerina Sandoval and another man attempted to rob the Vega 
family at gunpoint, when Vega Jr., a veteran of the Marine Corps., pulled out 
his weapon. After a brief exchange of gunfire Vega Jr. was shot in the chest 
and died on the way to the hospital.


In addition to receiving the death penalty, Tijerina Sandoval was sentenced to 
life for attempted capital murder regarding the others in the Vega party. The 
Border Patrol agent's father, Javier Vega Sr., was shot in the back during the 
firefight.


Ismael Hernandez Vallejo, accused of being the 2nd man in the robbery attempt, 
also is charged with capital murder and attempted capital murder. He will be 
tried later this year and also faces the death penalty.


Both Tijerina Sandoval and Hernandez Vallejo are Mexican citizens who were in 
the United States illegally at the time of the attack on the Vega family.


**

Harris County killer taken off death row, given 2 life sentencesMichael 
Wayne Norris was resentenced to life in prison after decades on death row.




After more than 3 decades on death row, a Houston man convicted of killing his 
ex-girlfriend and her 2-year-old son was resentenced to life following a 
federal appeal over flawed jury instructions that failed to consider mitigating 
evidence.


Michael Wayne Norris last week became the 4th Harris County killer taken off 
death row under the tenure of District Attorney Kim Ogg. With a new plea deal 
in place, the 60-year-old will serve 2 back-to-back life sentences - 1 for each 
victim.


"We decided that justice could be served by making sure he never saw the light 
of day," said Tom 

[Deathpenalty] death penalty news----TEXAS, DEL., FLA., ALA., OHIO

2017-05-09 Thread Rick Halperin





May 9




TEXASnew death sentence

Joseph Colone Jr. sentenced to death


Joseph Colone Jr. has been sentenced to death in the 2010 double killings of 
Mary Goodman and her 16-year-old daughter Briana at their South End Beaumont 
home.


Both sides rested Monday in the sentencing phase of the capital murder case 
against Colone, who last week was convicted of capital murder.


On Monday, Colone's family members testified as character witnesses in an 
effort to spare him of the death penalty.


Jurors heard from Colone's teenage daughter, his aunt, and multiple deputies 
from the Jefferson County Sheriff's Office.


(source: KFDM news)






DELAWARE:

Delaware House votes on reinstating death penalty


House lawmakers are set to vote on a bill reinstating Delaware's death penalty.

Tuesday's scheduled vote comes amid a public outcry over the killing of a 
correctional officer during a prison riot and hostage-taking in February, and 
the fatal shooting of a state trooper 2 weeks ago.


Under the bill, jurors would have to find unanimously and beyond a reasonable 
doubt that a defendant should be executed.


A majority of state Supreme Court justices declared Delaware's death penalty 
law unconstitutional in August because it allowed judges too much discretion 
and did not require that a jury find unanimously and beyond a reasonable doubt 
that a defendant deserves execution.


That ruling came after the U.S. Supreme Court struck down Florida's death 
sentencing law, which was similar to the one in Delaware.


(source: Associated Press)






FLORIDA:

Ayala-Scott death penalty suit waiting for Florida Supreme Court ruling


Orange-Osceola State Attorney Aramis Ayala has filed a reply to Gov. Rick 
Scott's argument in their legal fight over death-penalty cases, and the 2 now 
wait for a response from the Florida Supreme Court.


Ayala announced in March that she would not seek the death penalty against 
anyone while she is in office, and Scott responded by reassigning 23 
death-penalty cases from her office to that of Ocala-based State Attorney Brad 
King. Ayala sued last month.


Ayala had asked the court to order Scott to provide his valid legal reasoning 
for reassigning the cases. Scott's attorneys responded with counter-arguments, 
and people with interest in the matter - lawmakers, activists and families of 
homicide victims - filed their own legal briefs.


The filing Monday is the final step in the initial state of the process. Ayala 
and Scott will now wait for the Florida Supreme Court???s next ruling in the 
case.


(soruce: Orlando Sentinel)

*

State to seek death penalty against man charged in Jupiter triple homicide


State attorneys said during a Monday court hearing they will seek the death 
penalty against a man arrested in connection with the February shooting deaths 
of 3 people in Jupiter.


Christopher Vasata, 24, was arrested in March after the homicides occurred Feb. 
5 on Mohawk Street.


Vasata faces 3 counts of 1st degree murder with a firearm, 1 count of attempted 
1st-degree murder with a firearm and 1 count of a felon possession of a firearm 
or ammunition.


Kelli J. Doherty, 20, of Tequesta, Brandi El-Salhy, 24, of Gainesville and Sean 
P. Henry, 25, of Jupiter died in the shootings.


(source: WPTV news)






ALABAMAimpending execution

Alabama death row inmate Tommy Arthur writes to Gov. Kay Ivey: 'My life is in 
your hands'



Alabama death row inmate Tommy Arthur, who is set to be executed later this 
month, has sent a letter to Alabama Gov. Kay Ivey pleading for his life and DNA 
testing on hair he claims was collected in his case.


"Please do not let me die for a crime I did not commit and the facts on these 
pages point to (the) real killer," Arthur writes in a 4-page hand-written 
letter. He states that "my life is in your hands" and asks her to consider his 
claims about evidence in his case.


The letter was first sent by the 75-year-old inmate last week to AL.com, which 
forwarded it to Ivey's press secretary.


"We just received the letter and it will be reviewed. The AG's (Alabama 
Attorney General's) office will be given an opportunity to respond, and Gov. 
Ivey will be thoroughly briefed on all the issues raised by Mr. Arthur and his 
attorneys," according to a statement emailed to AL.com from Bryan Taylor, 
Governor's Legal Counsel.


Arthur's execution is set for May 25 at the Holman Correctional Facility in 
Atmore. It is the 8th time since 2001 that the state has set an execution for 
Arthur for his conviction in the 1982 shooting death of Troy Wicker.


Last month, Ivey denied a request by Arthur's attorneys for DNA testing of a 
wig purportedly used by Wicker's killer. Ivey, in her letter denying the 
testing, stated that no genetic material had been found when the wig was tested 
8 years ago.


Arthur, however, states that his attorneys did not include a request to test a 
hair he claims is also among the evidence collected by