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Barney Ronald Fuller, Jr. - Texas Execution - October 5, 2016
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Thread: Barney Ronald Fuller, Jr. - Texas Execution - October 5, 2016

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    Barney Ronald Fuller, Jr. - Texas Execution - October 5, 2016




    Barney Ronald Fuller, Jr.


    Facts of the Crime:

    On May 14, 2003, in Houston County, Fuller entered the home of his neighbors, Annette Copland, 39, and her husband, Nathan Copeland, 43, and fatally shot them multiple times. Fuller then fled the scene on foot.

    Fuller was sentenced to death in July 2004.

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    IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS

    NO. WR-78,110-01
    EX PARTE BARNEY FULLER

    ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS
    CAUSE NO. 04-CR-027 IN THE 349TH DISTRICT COURT
    HOUSTON COUNTY
    Per Curiam.

    O R D E R

    In July 2004, a jury found applicant guilty of the offense of capital murder. The jury answered the statutory punishment questions in such a way that the trial court set applicant's punishment at death. On September 15, 2006, the State filed in this Court its brief on applicant's direct appeal. Pursuant to Article 11.071 4(a) and (b) (1), applicant's initial application for a writ of habeas corpus was due to be filed in the trial court on or before January 29, 2007, assuming a motion for extension was timely filed and granted. It has been more than five years since the application was due in the trial court. Accordingly, we order the trial court to resolve any remaining issues within 90 days from the date of this order. The clerk shall then transmit the complete writ record to this Court within 120 days from the date of this order. Any extensions of time shall be obtained from this Court.

    IT IS SO ORDERED THIS THE 1ST DAY OF AUGUST, 2012.

    http://law.justia.com/cases/texas/co...78-110-01.html

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    Senior Member CnCP Legend FFM's Avatar
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    ARTICLE 11.071 APPLICATION FOR WRIT OF HABEAS CORPUS DENIED WITH WRITTEN ORDER:

    http://www.search.txcourts.gov/Searc...b-e65656de796a

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    Senior Member CnCP Legend Mike's Avatar
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    Man convicted of killing 2 in East Texas set for execution

    HOUSTON (AP) — A 57-year-old East Texas man convicted of fatally shooting his neighbors 13 years ago has received an execution date.

    Texas Department of Criminal Justice spokesman Jason Clark says the agency has received court documents setting inmate Barney Fuller for lethal injection Oct. 5.

    Fuller, from Lovelady in Houston County, was convicted of killing his neighbors, 43-year-old Nathan Copeland and his 39-year-old wife, Annette, in May 2003. Their then 14-year-old son also was wounded in the gunfire but a 10-year-old daughter escaped injury.

    At the time, Fuller was awaiting trial on charges of making a terroristic threat against the couple two years earlier. He was arrested at his home after a nearly nine-hour standoff with police.

    He's among at least seven Texas prisoners with executions set for the next few months.

    http://www.hastingstribune.com/man-c...b15890434.html
    Judicial Review isn't in the Constitution.

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    Senior Member CnCP Legend Mike's Avatar
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    It appears he's waiving his appeals and volunteering for execution.

    June 1st 2016
    Petitioner's motion to waive his habeas application and all further appeals 13 is GRANTED. It is further ORDERED that the petition for a writ of habeas corpus is DISMISSED with prejudice. It is further ORDERED that all deadlines issued previously in this case are VACATED. It is finally ORDERED that all motions not previously ruled on are DENIED.

    https://docs.justia.com/cases/federa...0015/157105/34
    Judicial Review isn't in the Constitution.

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    Moderator Ryan's Avatar
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    Fuller is the 2nd to Daniel Lopez within a year to volunteer for execution in Texas...

    Despite 10 executions that have been stayed through various reasons, Fuller has volunteered for execution, a similar pattern of 2014, April to September. Anyone feel free to join us Thursday night at 6pm CDT for Night Chat amongst the usual candidates

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    Appeals, Waived Appeals, and Conflicting Findings

    5th Circuit strikes down request to test death drugs

    The 5th Circuit Court of Appeals has denied a motion for stay of execution pending appeal for Terry Edwards and Ramiro Gonzales, two death row inmates named in the five-inmate petition seeking to require that the state of Texas test their doses of compounded pentobarbital (the drug used for executions) before carrying out each killing. Three judges from the federal court were "not persuaded these prisoners have made the showing required" for the stay, the 5th stated in a Sept. 12 opinion. Circuit judge Patrick Higginbotham wrote that the petitioning inmates "failed to reach the Eighth Amendment bar on unnecessarily severe pain that is sure, very likely, and imminent." The three other named inmates – Jeffery Wood, Rolando Ruiz, and Robert Jennings – have each received stays on their executions for reasons outside of this particular issue.

    In the court's denial, Higginbotham wrote that since unconsciousness precedes death when pentobarbital is the sole drug used to execute, the "problem of conscious pain and suffering" is "effectively obviat[ed]." Essentially, if inmates aren't alert to feel and express their pain, does it really matter if their death is painful? The logic is rooted in part on the belief that the state has used compounded pentobarbital to execute 32 inmates "without issue" since turning to the compounded drug in 2013. But the inmates have argued that this thinking is flawed: The state's acquisition of compounded pentobarbital is hardly an aboveboard process, with shipments of the drug coming to Huntsville from unidentified compounding pharmacies, and a Department of Criminal Justice that won't disclose what's in the cocktail.

    The state granted one inmate the right to have his dose tested for purity before his execution in 2015 when the Attorney General's Office extended the courtesy to Perry Williams. But then a state district judge withdrew Williams' July 14, 2016, execution date when TDCJ curiously failed to run its promised test in the six months after Williams received his death date. Wood et al.'s attorneys have argued that if the state sees fit to grant Williams new testing, it should serve as precedent for other inmates. Higginbotham's brief indicates that the 5th Circuit will rule otherwise, writing that an equal protection claim premised on differential treatment for those not considered a "class" (as inmates aren't) may only be reviewed in the context of a "class of one." That, he said, would apply to Williams, not the other five inmates: "The prisoners' primary contention now is that re-testing in [Williams' case] created a right to re-testing for all prisoners, a novel and flawed invocation of equal protection doctrine."

    Edwards is currently scheduled for execution on Oct. 19. Gonzales is set for the gurney two weeks later: Nov. 2. They await word on their appeal alongside Wood, Ruiz, and Jennings.

    "A knowing, intelligent, and voluntary decision"

    Barney Fuller was the sixth inmate with a death date as of Aug. 12 – the only one not named on the petition seeking new testing on compounded drugs. Last December, Fuller filed a motion to hold a hearing on whether he's competent enough to waive his outstanding appeals and get on with his execution. The 58-year-old was sentenced to death in July 2004 for the grisly double murder of his Houston County neighbors, Annette and Nathan Copeland, with whom Fuller had a court date to determine what should be done about his habit of shooting guns off at their house. (Fuller pleaded guilty to the charge of capital murder at his trial.)

    A federal appeal filed in January indicates that efforts to save Fuller's life hinged on arguments that his trial attorneys provided him with weak counsel, but in late May Fuller went before U.S. federal judge Ron Clark in an effort to waive the appeal. In a June 1 opinion and order of dismissal, Clark wrote that Fuller "understands his legal position and the options available to him. He understands that a determination that he is competent to waive any further proceedings would stop his habeas review and allow the State to proceed with his execution." He said Fuller feels deserving of the punishment and is "ready to move on."

    Fuller is scheduled for execution on Wednesday, Oct 5. He'll be the 538th Texan executed since 1976 but only the seventh put to death this year. He'll be the first since Pablo Vasquez, killed on April 6.
    Supplemental copies of supplemental findings of Reed's facts

    Bastrop Visiting Judge Doug Shaver has taken rubber stamping to a new level. On Sept. 9, the retired judge appointed to consider the re-testing of DNA evidence in Rodney Reed's case, signed two pre-prepared Findings of Fact – one presented to him by the state and one by the defense – and sent both off to the Court of Criminal Appeals to rule on Reed's July 2014 motion. Naturally, those findings differed: The state's copy determined that the chain of custody had been disrupted, and DNA on certain items of evidence could be contaminated; the version Reed's camp sent to Shaver proposed testing could still be done. The Bastrop County District Attorney's Office has requested that the CCA return both docs to Shaver for clarification on his standing. Reed's attorney Bryce Benjet told the Austin American-Statesman last Friday that he intends to object to that suggestion, and will request that a new judge handle the case on the district level. "When you have an error of this magnitude, we think it's appropriate for the court to reassign the case to a judge who can issue orders based on the record," Benjet told the daily.

    http://www.austinchronicle.com/news/...ting-findings/
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    Administrator Aaron's Avatar
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    Texas set to execute man who pleaded guilty to killing 2

    HUNTSVILLE, Texas (AP) — A 58-year-old East Texas man who pleaded guilty to a 2003 shooting frenzy that left two of his neighbors dead is set to be executed.

    Wednesday's scheduled lethal injection of Barney Fuller Jr. would be the seventh this year in Texas and the first in six months for the nation's busiest death penalty state.

    It would be the 16th this year nationally, reflecting a death penalty slowdown as capital cases get closer court scrutiny and states experience difficulties obtaining lethal injection drugs.

    Fuller has asked that no court appeals be pursued to possibly save his life.

    He is convicted of killing 43-year-old Nathan Copeland and Copeland's 39-year-old wife, Annette, in a long-standing dispute over a threatening phone call he made to them.

    http://www.whig.com/article/20161004/AP/310049779#
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    Texas Inmate Barney Fuller Not Challenging His Execution

    By TRACY CONNOR
    NBC News

    Executions in the United States are generally accompanied by an element of uncertainty, with the condemned prisoner filing 11th hour appeals all the way to the highest court in the land and sometimes winning a reprieve at the last minute.

    That's unlikely to be the case when Barney Fuller's date with death arrives Wednesday evening.

    The Texas inmate — who admitted murdering neighbors Nathan and Annette Copeland in front of their kids after a long-running dispute — ordered his lawyer not to file challenges to his lethal injection.

    In a letter to his attorney last year, Fuller said he he wasn't keeping track of the status of any proceedings.

    "But I also really do not care and do not want to go on living in this hellhole," he wrote. "Do not do anything for me which will prolong my appeals and time here on Texas death row."

    During a hearing in the spring, he testified that he had no issues with his death sentence and was "ready to move on."

    "What's the point of sentencing someone to death, you know, if you're not going to carry on through with what you ordered," Fuller said.

    In an affidavit sworn almost a decade ago, Fuller's sister, using her brother's nickname, said "Rory" was tormented by emotional "demons" from a young age.

    "Rory's attempt to drop his appeals are his way of trying to escape, as quickly as possible, from a negative situation," Robin Fuller said in that statement.

    "Rory may believe he deserves the death penalty because he believes in an 'eye for an eye,' that if you take someone's life you give your life. Mostly though, Rory has an inability to cope with anything negative."

    Robin Fuller declined to comment this week, saying the subject of her brother's execution was too upsetting for her family.

    Barney Fuller, 58, has been has been on death row since 2004, when a jury voted for the ultimate punishment after he pleaded guilty to killing the Copelands the previous year.

    The Copelands had filed charges against Fuller after he shot up their electric transformer, and he took revenge with an AR-15 rifle, according to prosecutors.

    After firing 60 rounds into the side of their home, he stalked the couple inside, shooting Nathan Copeland in the head and then gunning down Annette as she dialed 911.

    "Party's over, bitch," Fuller was heard saying as the shots were fired.

    One of the couple's two children was wounded in the rampage but survived. They were raised by an aunt and "both bear scars and have nightmares," their grandfather, David Copeland, told NBC News.

    He said several family members plan to attend Wednesday's lethal injection, which will be the 16th in the U.S. this year— a year that is on pace for the lowest number of executions in a quarter-century, largely because many states are having trouble obtaining the drugs.

    Even though Fuller has waived his appeals, Copeland said that after a decade of delays, he's not convinced there won't be another one.

    "That last minute still hasn't got here," he said.

    http://www.nbcnews.com/storyline/let...cution-n658961

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