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Clinton Lee Young - Texas Execution - Stayed
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Thread: Clinton Lee Young - Texas Execution - Stayed

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    Clinton Lee Young - Texas Execution - Stayed




    Summary of Offense:

    In 2001, Young fatally shot and killed two men, Doyle Douglas and Samuel Petrey, ages 52 and 41, in two separate incidents within a two-day time span. Young killed both men so he could steal their cars.

    Young was sentenced to death in Midland County in April 2003.

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    October 5, 2008

    The 6 1/2-year saga of Clinton Lee "Clint" Young will roll back through Midland this fall as the convicted double murderer starts his last round of appeals in an attempt to stave off lethal injection.

    Just having received his third set of lawyers, the now 24-year-old defendant will have a habeas corpus hearing before U.S. District Judge Robert Junell to examine the constitutionality of his March 2003 state district court trial and other issues.

    Rio Rancho, N.M., attorney Don Vernay said Wednesday that Junell had named him and the Federal Public Defender's Office in Los Angeles to take Young's case to the 5th U.S. Circuit Court of Appeals in New Orleans and U.S. Supreme Court if he is unsuccessful here.

    "Clint doesn't want to die," said Vernay, who follows Midland attorneys J.K. "Rusty" Wall, Paul Williams and Ian Cantacuzene and Ori White of Fort Stockton in representing Young. "The record of this thing is huge -- boxes of documents. We're going through the file and Judge Junell has given us until October to file an amended petition.

    "We'll know more of whatever constitutional issues are involved after the summer. When you see what some of these capital defendants have gone through, it's almost like a cookie cutter. Not counting sexual abuse or hitting, research shows that emotional child abuse and deprivation affects the development of the brain."

    Noting Young's intelligence has been measured in the top 10 percent of the nation, Vernay said methamphetamine use made him more prone to shoot Doyle Douglas near Longview and Samuel Petrey of Eastland near Midland for their vehicles in November 2001 -- four months after his 18th birthday.

    "That's exactly what he didn't need, that extra octane," the lawyer said.

    Midland County Assistant District Attorney Ralph Petty handled his office's successful habeas corpus writ arguments in 238th District Court Judge John G. Hyde's original trial court in March 2006 and the Texas Court of Criminal Appeals that summer. Hyde ruled there was no evidence Young ever was sexually abused.

    Petty said Young is in an increasingly perilous position while awaiting his appeals on death row at the Texas Department of Criminal Justice's Polunsky Unit in Livingston in East Texas.

    "All I can predict is he will get a full, fair hearing in federal court and the issues will be determined according to the law and evidence," Petty said. "He's making certain allegations against the death penalty itself and with respect to alleged errors or omissions during the trial. Most of those have already been presented to state court and rejected."

    Assistant Texas Attorney General Stephen Hoffman of Austin will represent the state in Junell's court. "We as prosecutors and advocates for the people are frustrated by any delay in the administration of justice," Petty said.

    "However, death penalty cases require care, thought and time to ensure all the defendant's rights are fully protected. This has to be done before the extreme penalty is carried out."

    During the March 2006 hearing, a spokeswoman for the Midland County District Clerk's Office said the Young case to that point had cost the county $241,405, beginning with his Nov. 26, 2001, arrest by city and county officers near a trailer park and barbed wire fence he had driven through off Interstate 20.

    That included $200,448 for attorneys' fees, $20,106 for investigation and $12,918 for expert witnesses, she said.

    (Source: The Associated Press)

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    July 23, 2010

    Double murderer seeks death sentence reversal

    Running out of time and options to save himself from lethal injection, convicted double murderer Clinton Lee "Clint" Young on Thursday heard admitted co-conspirator David Lee "J.R." Page Jr. repeatedly deny that he was offered leniency in return for his March 2003 testimony in Young's capital murder trial.

    Incarcerated in separate Texas prisons, Young and Page avoided eye contact while Page told four court-appointed defense lawyers from New Mexico and California that he had merely "hoped" for a better deal but was never promised one by the Midland County District Attorney's Office.

    Page is serving 30 years for aggravated kidnapping at the Coffield Unit at Tennessee Colony in East Texas and will become eligible for parole in 6 1/2 years, he said.

    Young, 26 and heavier than when arrested on Nov. 26, 2001, has exhausted his state appeals and is nearing the setting of an execution date at the Polunsky Unit near Livingston, a court official said.

    A Midland County jury in 2003 found that Young shot Samuel Petrey, of Eastland, on an oil lease northeast of Midland in order to steal Petrey's pickup. The jury also decided that Young had killed Doyle Douglas near Marshall to take Douglas' car and visit his teenage girlfriend here.

    The state is represented by Assistant District Attorney Ralph Petty while visiting Judge Robert Moore of Big Spring hears claims that former District Attorney Al Schorre failed to disclose an offer of a lesser term to Page. Moore will rule in about 30 days.

    The Texas Court of Criminal Appeals in June 2009 rejected defense contentions that District Judge John G. Hyde was not impartial during Young's trial in the spring of 2003 and during a 2006 habeas corpus writ hearing. The appeals court also rejected that the testimony of former state prison guard A.P. Merillat about Death Row conditions was misleading.

    Redhaired and balding, the somewhat dimunitive Page showed a stone face to attorneys Don Vernay of Rio Rancho, N.M., Texas Office of Capital Writs Director Brad Levenson of Austin and Federal Public Defenders Margo Rocconi and Richard "Rick" Goldman of Los Angeles.

    "Were any promises made to you by district attorney?" Petty asked.

    "None whatsoever," Page said.

    "When you testified, did you tell the truth?"

    "Yes, sir."

    Page recounted getting out of Petrey's white 2000 Chevrolet Silverado near a restaurant on North Loop 250 and walking across town to the courthouse, where he told officers of Douglas' murder during a marijuana buying trip to Longview and of Young's abduction of Petrey when the man exited an Eastland store with a carton of milk.

    Cross-examining Page at length, Goldman suggested that he still sought to persuade District Attorney Teresa Clingman to request a sentence reduction.

    Trial testimony indicated that Young, Page and Douglas were accompanied on the fateful trip from Ore City by Darnell "Nay-Nay" McCoy and Mark Ray, who also described seeing Young shoot Douglas twice in the head with the same .22-caliber Colt Huntsman semi-automatic pistol that killed Petrey.

    City Municipal Court Officer Curtis Ralston and Midland policeman Kenneth Callahan told jurors that Young still had the gun when they arrested him after a chase reaching 110 mph on Interstate 20.

    Harrison County District Attorney's Investigator Hall Reavis, of Marshall, on Thursday related having lunch with Ray and former District Attorney's Investigator J.D. Luckie during Young's trial on March 18, 2003, at Jo Jo's Eatery near the courthouse.

    Reavis said there was no offer to Ray, who served seven years of a 15-year kidnapping term.

    http://www.mywesttexas.com/top_stori...59f23f21f.html

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    On June 20, 2012, the Texas Criminal Court of Appeals DENIED Young's application for a writ of habeas corpus.

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    In today's United States Supreme Court orders, Young's petition for writ of certiorari was DENIED.

    http://www.supremecourt.gov/Search.a...es/12-6386.htm

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    Young has had a habeas petition pending in Federal District Court since January 3, 2007.

    http://dockets.justia.com/docket/tex...cv00002/212787

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    Thats ridiculous..almost 7 years in Federal court.

  8. #8
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    Helen, much of that time a stay was in effect pending the exhaustion of state habeas remedies. So, it's not as long a delay as it may seem at first blush. The federal habeas case likely got re-started about a year ago.

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    Ok thanks Moh...it just seems that given all the appeals that DR inmates are afforded, it can be a lengthy process..too long.

  10. #10
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    On February 20, 2014, Young's habeas petition was DENIED in Federal District Court.

    http://docs.justia.com/cases/federal...002/212787/132

    On March 12, 2014, Young filed an appeal before the US Court of Appeals for the Fifth Circuit.

    http://dockets.justia.com/docket/cir...s/ca5/14-70011

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