Page 2 of 10 FirstFirst 1234 ... LastLast
Results 11 to 20 of 95

Thread: Anthony Bartee - Texas Death Row

  1. #11
    Administrator Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    33,217
    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

  2. #12
    Passed away.
    Join Date
    Oct 2010
    Location
    The Phog
    Posts
    651
    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.

  3. #13
    Jan
    Guest
    As per the TDCJ, Anthony Bartee now has an execution date of May 2, 2012.

  4. #14
    Administrator Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    33,217
    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

  5. #15
    Administrator Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    33,217
    Quote Originally Posted by Heidi View Post
    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.
    I was informed yesterday, the DNA testing will be completed next week.
    An uninformed opponent is a dangerous opponent.

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

  6. #16
    Administrator Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    33,217
    UPDATE

    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.
    I assume the May 02, 2012 execution date will stand. This is excellent news for Cook's family and friends.
    An uninformed opponent is a dangerous opponent.

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

  7. #17
    Administrator Michael's Avatar
    Join Date
    Oct 2010
    Location
    Germany
    Posts
    1,515
    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.

  8. #18
    Administrator Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    33,217
    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

  9. #19
    Administrator Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    33,217
    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.


    FACTS OF THE CRIME

    The United States Court of Appeals for the Fifth Circuit described the facts surrounding the murder of Mr. Cook as follows:
    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.


    PROCEDURAL HISTORY

    On April 2, 1997, a Bexar County grand jury indicted Bartee for murdering David Cook.

    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.


    PRIOR CRIMINAL HISTORY

    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.

    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

  10. #20
    Senior Member Frequent Poster PATRICK5's Avatar
    Join Date
    Mar 2012
    Posts
    329
    Quote Originally Posted by Heidi View Post
    Bartee had a hearing yesterday regarding the DNA. Today, the Judge entered a FOFCL and DENIED Bartee's request to move the execution date.
    I'm sure at the hearing they discussed the dna results which were obviously not favorable to the defense. Yet, the media does not report the dna results.
    Obama ate my dad

Page 2 of 10 FirstFirst 1234 ... LastLast

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •