Law of Parties has not been deemed unconstitutional. You have made it clear you have read the support website, have you read any appeals?
Take a gander.
Bartee v Rick Thaler
Law of Parties has not been deemed unconstitutional. You have made it clear you have read the support website, have you read any appeals?
Take a gander.
Bartee v Rick Thaler
Bartee's application for Writ of Habeas Corpus has been DISMISSED as abuse of writ by the TCCA.
http://www.cca.courts.state.tx.us/OP...PINIONID=22158
His motion for Writ of Mandamus was DENIED without written order.
His motion for Stay of Execution was also DISMISSED as moot due to the lower court ruling.
As per the TDCJ, Anthony Bartee now has an execution date of May 2, 2012.
Edited
Anthony Bartee, 55, was scheduled to die on Feb. 28 but was granted a reprieve to allow for additional forensic testing. Bartee's attorney, David Dow, sent a letter to the court arguing the new May 2 date should not have been set because the DNA testing has not been completed. He said neither he nor his client was told of a hearing to set a new date, the letter said.
Bartee was convicted in the August 1996 robbery-murder of his friend David Cook.
http://www.mysanantonio.com/news/loc...#ixzz1pKj2hLBi
An uninformed opponent is a dangerous opponent.
"Y'all be makin shit up" ~ Markeith Loyd
UPDATE
I assume the May 02, 2012 execution date will stand. This is excellent news for Cook's family and friends.The DNA test results state the two strands of hair found in victim David Cook's hands were his or someone related to him maternally.
An uninformed opponent is a dangerous opponent.
"Y'all be makin shit up" ~ Markeith Loyd
As expected it was wasted money. The anti-crowd had to find another straw.
No murder can be so cruel that there are not still useful imbeciles who do gloss over the murderer and apologize.
Bartee had a hearing yesterday regarding the DNA. Today, the Judge entered a FOFCL and DENIED Bartee's request to move the execution date.
An uninformed opponent is a dangerous opponent.
"Y'all be makin shit up" ~ Markeith Loyd
Media Advisory: Anthony Bartee scheduled for execution
AUSTIN – Pursuant to a court order by the 175th District Court of Bexar County, Anthony Bartee is scheduled for execution after 6 p.m. on May 2, 2012.
In 1998, a Bexar County jury found Bartee guilty of murdering David Cook during the course of a robbery, attempted robbery, burglary, or attempted burglary.
The United States Court of Appeals for the Fifth Circuit described the facts surrounding the murder of Mr. Cook as follows:
FACTS OF THE CRIME
On 17 August 1996, the victim’s body was discovered by police and his family in his home in San Antonio, Texas. He had been shot twice in the head and stabbed in the shoulder. The bullet fragments at the scene were consistent with having been fired from a pistol owned by the victim. This pistol, and the victim’s red Harley Davidson motorcycle, were missing from his home.
At some point that summer, Bartee had asked an acquaintance to assist him in robbing and killing a neighbor, informing him this neighbor “had some gold [credit] cards and a motorcycle” that Bartee wanted. And, two days prior to the discovery of the victim’s body, Bartee had informed another acquaintance, Munoz, that he intended to “ace some white dude out”. Bartee unsuccessfully solicited both Munoz and several others to assist him in achieving this result. That same day, at nearly midnight, Bartee arrived at Munoz’[s] home, riding a Harley Davidson motorcycle and claiming to carry a gun. Several witnesses identified this motorcycle as being similar or identical to the victim’s.On April 2, 1997, a Bexar County grand jury indicted Bartee for murdering David Cook.
PROCEDURAL HISTORY
On May 15, 1998, a Bexar County jury convicted Bartee of capital murder. After a separate punishment proceeding, the same jury sentenced Bartee to death on May 19, 1998.
On May 3, 2000, Bartee’s conviction and sentence were affirmed by the Court of Criminal Appeals of Texas on direct appeal. Bartee did not appeal the state court’s decision to the Supreme Court of the United States. Instead, he filed an application for habeas corpus relief which was denied by the Court of Criminal Appeals on March 8, 2006.
On January 23, 2007, Bartee filed a motion for DNA testing in the 175th state district court in Bexar County. On June 18, 2007, the district court granted Bartee’s motion and ordered that DNA tests be conducted on the crime scene evidence. After reviewing the test results, the court determined that the evidence did not exonerate Bartee because the blood and hair samples were consistent with the victim’s DNA profile. Consequently, the convicting court rejected Bartee’s appeal and upheld the capital murder conviction. Bartee appealed the trial court’s finding to the Court of Criminal Appeals, but his appeal was dismissed as untimely on March 16, 2011.
On February 21, 2007, Bartee filed a petition for writ of habeas corpus in the U.S. District Court for the Western District of Texas, San Antonio Division. The federal court denied Bartee’s petition on August 6, 2008.
On July 31, 2009, the Fifth Circuit rejected Bartee’s appeal and affirmed the denial of habeas corpus relief by the district court.
On November 23, 2009, Bartee filed a petition for writ of certiorari in the Supreme Court, but the Supreme Court denied certiorari review on March 22, 2010.
On April 20, 2011, Bartee filed a second application for habeas corpus relief which was dismissed by the Court of Criminal Appeals on September 14, 2011.
On November 8, 2011, the 175th state district court scheduled Bartee’s execution for February 28, 2012.
On February 21, 2012, Bartee filed a third application for habeas corpus relief which was dismissed by the Court of Criminal Appeals on February 29, 2012.
On February 23, 2012, the 175th state district court withdrew its order scheduling Bartee’s execution for February 28 and ordered further DNA testing. This DNA testing is currently under way.
Under Texas law, the rules of evidence prevent certain prior criminal acts from being presented to a jury during the guilt-innocence phase of the trial. However, once a defendant is found guilty, jurors are presented information about the defendant’s prior criminal conduct during the second phase of the trial – which is when they determine the defendant’s punishment.
PRIOR CRIMINAL HISTORY
During the penalty phase of Bartee’s trial, jurors learned that Bartee was twice convicted of aggravated rape in 1983 and sentenced to 33 years and 10 years in prison, respectively. He was released to parole in 1995, and remained on parole at the time he murdered Cook. He was also twice convicted on theft charges in California in 1980.
MISCELLAENOUS
For additional information and statistics, please access the Texas Department of Criminal Justice website at www.tdcj.state.tx.us.
An uninformed opponent is a dangerous opponent.
"Y'all be makin shit up" ~ Markeith Loyd
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