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Thread: Tilon Lashon Carter - Texas Death Row

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    Tilon Lashon Carter - Texas Death Row




    Facts of the Crime:

    On April 28, 2004, in Tarrant County, Carter and his co-defendant entered the home of James Eldon Tomlin, 89, bound his hands and feet and beat him to death.

    Carter was sentenced to death in December 2006.

  2. #2
    Administrator Moh's Avatar
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    On December 6, 2011, Carter filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/tex...v00969/202126/

  3. #3
    Administrator Moh's Avatar
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    On March 4, 2015, Carter's habeas petition was DENIED in Federal District Court.

    http://docs.justia.com/cases/federal...0969/202126/26

    On March 12, 2015, Carter filed an appeal before the US Court of Appeals for the Fifth Circuit.

    http://dockets.justia.com/docket/cir...s/ca5/15-70005

  4. #4
    Senior Member CnCP Legend FFM's Avatar
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    COA denied today by the 5th Circuit.

    http://www.ca5.uscourts.gov/opinions...-70005-CV0.pdf

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

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

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

  6. #6
    Administrator Moh's Avatar
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    Supreme Court rejects appeal of Fort Worth murderer sentenced to death for smothering elderly man

    HOUSTON (AP) — The U.S. Supreme Court has refused to review an appeal from a Fort Worth man on death row for smothering an 89-year-old man and robbing him of about $6,000 in 2004.

    The high court ruled Monday without comment in the case of 36-year-old Tilon Lashon Carter. His appeals have focused on whether his Tarrant County trial attorneys were deficient and whether faulty instructions were given to jurors.

    Carter was sentenced to death in 2006 for the robbery and slaying of James Eldon Tomlin two years earlier. Evidence showed that Tomlin, a retired Bell Helicopter worker, kept cash in containers scattered around his home.

    Tomlin’s daughter found her father’s body, with his hands and legs bound, at his home in the 3000 block of Mims Street in southeast Fort Worth, near Lake Arlington, on April 27, 2004. Tomlin had been struck on the head, and a shotgun and cash were missing from the home.

    Prosecutors portrayed Carter as a longtime criminal and also tied him to a fatal shooting at a drug house.

    He does not yet have an execution date.

    Leketha Allen, 31, also was convicted in Tomlin’s murder. She is serving a 25-year prison sentence and will be eligible for parole next year.

    http://crimeblog.dallasnews.com/2016...erly-man.html/

  7. #7
    Senior Member CnCP Legend Mike's Avatar
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    Fort Worth man on death row set to die in February

    HUNTSVILLE, Texas (AP) - A Fort Worth man condemned for smothering an 89-year-old man and robbing him of some $6,000 in 2004 has received an execution date.

    Texas Department of Criminal Justice spokesman Jason Clark said Friday the agency has received notice that a judge in Tarrant County set Feb. 7 for 36-year-old Tilon Lashon Carter's lethal injection.

    The U.S. Supreme Court earlier this year refused an appeal for Carter. He was condemned for the robbery and slaying of James Tomlin. Evidence showed Tomlin, a retired Bell Helicopter worker, kept cash in containers scattered around his Fort Worth home.

    Prosecutors portrayed Carter as a longtime criminal. They also tied him to a fatal shooting at a drug house.

    http://www.kristv.com/story/33111637...ie-in-february
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  8. #8
    What charming people! The victim, Mr. Tomlin, was just a few months shy of his 90th birthday. All the justices upheld the verdict:

    STATEMENT OF FACTS

    Appellant was charged with intentionally causing the death of James Eldon Tomlin, "by restraining him and causing him to lie face down and by smothering him by exerting pressure on his head or face with an object unknown to the grand jury," during the course of robbery. Appellant gave two statements to Detective Cheryl Johnson, who read them to the jury. In appellant's first statement, he told police that he and his girlfriend, Leketha Allen, had been talking about needing money when Leketha's mother suggested that they rob Tomlin, an elderly man who lived alone and kept large amounts of cash in his house. Leketha's mother drove them to Mims Street and pointed out Tomlin's house. The next day, appellant and Leketha drove back to Tomlin's house. Appellant waited in the car while Leketha, who was acquainted with Tomlin, knocked on the back door. After Tomlin opened the door, appellant walked up and told Leketha to get back in the car. Tomlin swung a hammer at appellant, but he dodged it and ordered Tomlin to lie down. Tomlin complied. Appellant started looking around the house. Leketha then walked into the house, and they both searched it. She told appellant that Tomlin was going to get up and move, so appellant bound Tomlin's hands with duct tape. He used a sock to hold the tape, and he tore the tape with his teeth. Leketha took two jars of coins from the kitchen, and appellant took an old, long gun from the bedroom. Leketha went back to the car. Appellant "came out last," and they drove back to Leketha's mother's house.

    In his second statement, appellant indicated that he had borrowed a gun in preparation for the robbery and that he was holding it when he entered Tomlin's house. He stated that after Tomlin swung the hammer at him, he grabbed Tomlin's arm and made him sit down on the floor. When Leketha walked into the house, appellant gave her the gun to hold while he bound Tomlin's hands and feet with duct tape. After they finished searching the house and Leketha went back to the car, appellant watched Tomlin for a minute to make sure he was all right. Tomlin was sitting up with his legs straight out in front of him. Appellant told Tomlin they were leaving, and Tomlin said, "Okay."

    Tomlin's daughter and responding law-enforcement officers testified that Tomlin's body was found lying face down on the floor just inside the back door, with his feet blocking the doorway. His hands were bound behind his back by duct tape that was wound around his wrists. Duct tape was also wound around his ankles. There was tape residue on his shirt and socks that was consistent with him having moved his arms and legs after they had been bound. His face was turned to the side. A piece of duct tape, partially folded over, was stuck to the side of his mouth area. There were two bloody injuries on the top and the left side of his head. Tomlin's glasses and a hammer with blood on the handle were found on the floor near his body.

    A medical examiner testified that Tomlin's flesh at both his wrists and ankles had been compressed and his skin had been damaged by duct tape. The lacerations on Tomlin's face and head were the result of blunt-force trauma that might have caused a temporary loss of consciousness but no significant injury to the skull or brain. The inside of Tomlin's upper lip had been pressed hard against his teeth, resulting in a hemorrhaging injury. The nature of this injury indicated that it was the result of applying profound and sustained pressure against Tomlin's mouth for at least thirty seconds while he was still alive. The injury was typical of smothering, and it would not have resulted from the impact of a fall or from the weight of Tomlin's head as he lay on the floor.

    The medical examiner further testified that, given the position of Tomlin's body when it was found and the evidence he had seen, Tomlin was bound while lying face down on the floor, and it would have been impossible for him to sit up and talk to anybody. The medical examiner acknowledged that most people probably would not understand the risk of death involved in binding someone in that position. However, he emphasized that he could not exclude smothering because the markings he had observed were "very consistent" with smothering. He ruled that the cause of death was "smothering with positional asphyxia."

    Appellant's ex-girlfriend testified that appellant told her that he and Leketha had killed an old white man during a robbery at a house on Mims Street. Appellant's former cell-mate testified that appellant had tried to intimidate him by boasting that he and his girlfriend had killed an old man during a robbery.

    https://goo.gl/GvpI0D

  9. #9
    Administrator Helen's Avatar
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    Execution halted days before Fort Worth man was set to die

    By Jolie McCullough
    The Texas Tribune

    For the second time this week, a Texas execution has been stopped days before it was set to happen.

    Tilon Carter, 37, received a stay Friday afternoon from the Texas Court of Criminal Appeals. His execution was set for Tuesday.

    Carter was convicted of capital murder and sentenced to death for the 2004 murder of 89-year-old James Tomlin in his Fort Worth home. Carter and LaKeitha Allen broke into Tomlin’s home, bound him with duct tape and robbed him, according to court records.

    Carter has maintained that he never meant for Tomlin to die, that he tied him up and left with the money. But a medical examiner ruled Tomlin died from being tied up, smothered and left in a dangerous position.

    The stay comes after Carter’s attorney filed a late petition requesting a stay of execution on a technicality: the trial court was a day late in notifying the Office of Capital and Forensic Writs that an execution date had been set.

    “This is fairly technical thing, but they did technically violate the law,” said Robin Norris, Carter’s attorney.

    According to the Texas Code of Criminal Procedure, if the trial court fails to notify the convict’s lawyer and the Office of Capital and Forensic Writs that an execution date was set within two business days of setting it, the court must reset the execution date. In Carter’s case, it took three days.

    The trial court had rejected Carter’s request to reset the execution date, stating that even though it took one day more than was required, the execution was still more than 140 days away, longer than the 90 days required between setting an execution date and the actual execution. The Court of Criminal Appeals issued a stay pending its resolution of the issue.

    “This is the first case I know of that has actually gone to the Court of Criminal Appeals on this question,” Norris said. “Most of the convicting courts that have been asked in the past to reset an execution date on the grounds that the Office of Capital and Forensics Writs was not notified in a timely matter have just reset the execution on request. But they didn’t do that here.”

    The Tarrant County District Attorney's Office could not be reached for comment on the case.

    The stay was the second in Texas this week. On Tuesday, a federal district court in Corpus Christi stopped the execution of John Ramirez, which was set for Thursday. The state has executed two people this year.

    https://www.texastribune.org/2017/02...n-was-set-die/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
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    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  10. #10
    Administrator Aaron's Avatar
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    What a bogus technicality. It doesn't look like February will have any executions now.
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

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