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Thread: Stephen Dale Barbee - Texas Execution - November 16, 2022

  1. #11
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    On October 2, 2013, Barbee filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/tex...v00074/183588/

  2. #12
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    Just saw his story on ID channel My Dirty Little Secret. Stupid man. If he had just waited until the baby was born, he would have proven the baby was not his. Sad case all around...

  3. #13
    Senior Member CnCP Legend FFM's Avatar
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    Petition for federal habeas relief was denied on July 7, 2015 in the USDC.

    https://docs.justia.com/cases/federa...0074/183588/83

  4. #14
    Administrator Moh's Avatar
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    On August 6, 2015, Barbee filed an appeal before the US Court of Appeals for the Fifth Circuit.

    https://dockets.justia.com/docket/ci...s/ca5/15-70022

  5. #15
    Moderator Ryan's Avatar
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    Court allows appeal in case of murdered Fort Worth mom, son

    HOUSTON (AP) — A federal appeals court is allowing Texas death row inmate Stephen Barbee to move forward with an appeal contending his trial attorney improperly told jurors that Barbee was responsible for the February 2005 slayings of his pregnant ex-girlfriend and her 7-year-old son at their Fort Worth home.

    The 5th U.S. Circuit Court of Appeals has upheld an appeals claim that Barbee's trial lawyer was deficient for making the comment to jurors and not having Barbee's permission to say it to jurors during closing arguments of the trial's punishment phase. The court rejected several other appeals claims but said Wednesday it took the action to resolve any doubts in a death penalty case.

    The 49-year-old Barbee was condemned for the suffocations of 34-year-old Lisa Underwood and her son, Jayden.

    http://www.houstonchronicle.com/news...t-10633138.php

  6. #16
    Administrator Moh's Avatar
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    On October 2, 2017, oral argument will be heard in Barbee's appeal before the Fifth Circuit.

    http://www.ca5.uscourts.gov/clerk/ca...0/15-70022.htm

  7. #17
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    Federal habeas relief denied today by the 5th Circuit.

    http://www.ca5.uscourts.gov/opinions...15-70022.1.pdf

  8. #18
    Administrator Heidi's Avatar
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    In today's orders, the United States Supreme Court declined to review Barbee's petition for certiorari.

    Lower Ct: United States Court of Appeals for the Fifth Circuit
    Case Numbers: (15-70022)
    Decision Date: March 21, 2018

    Appeals exhausted, decision could result in an execution date.
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  9. #19
    Senior Member Frequent Poster NanduDas's Avatar
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    Fort Worth man convicted of killing pregnant girlfriend gets October execution date

    By Keri Blakinger
    The Houston Chronicle

    A Fort Worth man convicted of killing his pregnant girlfriend and her 7-year-old son more than 10 years ago now has an execution date scheduled for October.

    Stephen Barbee, who has maintained his innocence for years and argued that his confession to police was coerced, is now slated to die on Oct. 2, according to Texas Department of Criminal Justice spokesman Jeremy Desel.

    The now-52-year-old was sent to death row in 2006, after a Tarrant County jury found him guilty of the murder of Lisa Underwood and her son Jayden. The slain woman's friends only realized she was missing when she didn't show up for her baby shower.

    The day of the slayings, a sheriff's deputy stopped Barbee walking along a service road in a wooded area, but the man fled after giving a fake name. Later, authorities found Underwood's car in a creek nearby, and decided they wanted to talk to Barbee as a person of interest.

    When officers first brought him in for questioning, Barbee said he hadn't seen Underwood for months. But when he went to the bathroom, police said that he copped to everything while alone with one detective in an unrecorded conversation.

    In that confession, prosecutors said, Barbee admitted to starting a fight with his girlfriend before holding her face down in the carpet until she stopped breathing and then holding his hand over Jayden's mouth until he did as well.

    The North Texas man said he was afraid that Underwood was going to tell his wife about their liaison, according to court records. After his admission, Barbee took police to the shallow graves where he buried the slain bagel store owner and her son.

    A Tarrant County jury found him guilty and he was sentenced to death in February 2006.

    Early in his appeals, Barbee's attorneys argued that his trial team's work wasn't up to par, that police withheld a videotape of their full interrogation and that his trial lawyers abandoned their client.

    But the judge overseeing the case at that point apparently disagreed, rubberstamping the state's claims "without so much as changing a comma," current attorney Richard Ellis wrote in a later appeal. He also called into question the confession used to convict Barbee, arguing that it was coerced and pointing out that police never even wrote down parts of it.

    His client, Ellis wrote, later recanted that confession and has since maintained his innocence. But during a whirlwind 2.5-day-trial, the defense team didn't do enough to show that or to investigate information that pointed to another suspect, he said.

    The courts weren't persuaded by those claims, and this year a Tarrant County judge greenlit Barbee's execution date. The Lone Star State has already executed three men this year, and - including Barbee - four more are on the calendar.

    https://www.chron.com/news/houston-t...edium=referral
    "The pacifist is as surely a traitor to his country and to humanity as is the most brutal wrongdoer." -Theodore Roosevelt

  10. #20
    Senior Member Frequent Poster NanduDas's Avatar
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    Texas court halts the execution of Stephen Barbee to consider U.S. Supreme Court precedent

    By Jolie McCullough
    The Texas Tribune

    The Texas Court of Criminal Appeals issued a stay in Barbee's case. He was set for execution on Oct. 2.

    The Texas Court of Criminal Appeals on Monday temporarily stopped the execution of Stephen Barbee. He had been set to die Oct. 2.

    Barbee, 52, was sentenced to death in Tarrant County in the 2005 murder of his pregnant ex-girlfriend, Lisa Underwood, and her 7-year-old son, Jayden. According to court records, Barbee initially confessed during police interrogation to killing them because he feared Lisa would tell his wife that he was likely the father of her unborn child and that he would have to pay child support. He later recanted the confession, which his lawyer argues was “the product of fear and coercion,” and has since maintained his innocence.

    The Texas court stopped next week’s execution because Barbee’s attorneys at his short, two-and-a-half day trial, admitted to his guilt, likely in an attempt to secure the more favorable sentence of life in prison without the opportunity for parole. Barbee has said this concession of guilt was against his wishes, that he repeatedly told his lawyers he wanted to maintain his innocence and that his lawyers’ statement was “a complete surprise.”

    The concession, Barbee argues, is a violation of his Sixth Amendment right to counsel. The argument was rejected earlier, but after a 2018 U.S. Supreme Court decision out of Louisiana, the Texas Court of Criminal Appeals ordered further review of the case.

    In McCoy v. Louisiana, the high court ruled that “a defendant has the right to insist that counsel refrain from admitting guilt, even when counsel’s experienced-based view is that confessing guilt offers the defendant the best chance to avoid the death penalty.”

    Though the ruling has been raised unsuccessfully in other Texas death penalty appeals, the state appellate court decided Barbee’s case requires an opinion the case's reach. The judges gave the state and Barbee 30 days to file briefs on issues involving the Supreme Court decision.

    https://www.texastribune.org/2019/09...mpression=true
    Attached Thumbnails Attached Thumbnails 1F2FFC5F-8BEF-47D4-90F4-EC1F96124C6D.jpg  
    Last edited by NanduDas; 09-23-2019 at 02:54 PM.
    "The pacifist is as surely a traitor to his country and to humanity as is the most brutal wrongdoer." -Theodore Roosevelt

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