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Thread: Warren Lee Hill, Jr. - Georgia Execution - January 27, 2015

  1. #261
    Weidmann1939
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    I expect the Georgians will move like grease lighting to find a new drug and set an execution date for Mr. Hill. Least ways before SCOTUS adjourns for the summer. (This is very good news! Very good news indeed!)

  2. #262
    punishment1992
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    Very good news! Georgia's got a bunch who have exhausted their appeals and should be ready to go.

  3. #263
    Administrator Moh's Avatar
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    New challenge for Ga. death penalty provision

    By KATE BRUMBACK, Associated Press

    ATLANTA (AP) — A Georgia death row inmate on Friday filed a new challenge to the state's requirement for defendants to prove intellectual disability beyond a reasonable doubt to be spared execution on those grounds.

    The lawsuit filed in Butts County Superior Court says a U.S. Supreme Court ruling in May bolsters arguments made by Georgia death row inmate Warren Lee Hill against Georgia's toughest in the nation "beyond a reasonable doubt" standard.

    The high court in 2002 barred execution of the intellectually disabled, but left to the states the determination of who is intellectually disabled.

    The U.S. Supreme Court in May knocked down a Florida law that said any inmate who tests above 70 on an IQ test is not intellectually disabled and may be executed. The opinion said IQ tests have a margin of error and inmates whose scores fall within the margin must be allowed to present other evidence of intellectual disability.

    Brian Kammer, a lawyer for Hill, said the high court's ruling also "highlights the error of the Georgia standard."

    Hill's lawyers have long argued Georgia's high standard for proving intellectual disability is problematic because psychiatric diagnoses are subject to a degree of uncertainty that is virtually impossible to overcome.

    "Medical conditions are not proven 'beyond a reasonable doubt' in the medical world," Kammer said, adding that the high court has shown that it "requires the states to look to medical professionals and use their agreed-upon methods for determining intellectual disability."

    Hill began showing signs of intellectual disability in childhood, and all doctors who have examined Hill now agree he's intellectually disabled, Kammer said. Three doctors who examined Hill in 2000 and testified before the court at the time that he was not intellectually disabled have since changed their opinions. All three submitted sworn statements in February 2013 saying they had reviewed facts and documents in the case now believe that Hill is intellectually disabled.

    The state has consistently argued that Hill's defense has failed to prove beyond a reasonable doubt that he is intellectually disabled, and Georgia's strictest-in-the-nation standard has repeatedly been upheld by state and federal courts.

    The attorney general's office had no comment on Hill's latest filing, spokeswoman Lauren Kane wrote in an email.

    Hill was sentenced to death in Lee County for the 1990 beating death of fellow inmate Joseph Handspike. At the time Hill was already serving a life sentence for murder in the 1986 slaying of his girlfriend.

    Hill has come within hours of execution on three occasions, most recently in July 2013. Each time, a court has stepped in at the last minute and granted a delay based on challenges raised by his lawyers. Only one of those challenges was related to his intellectual abilities, and it was later dismissed. There is no date scheduled for Hill's execution at this time.

    http://www.chron.com/news/article/Ne...on-5722186.php

  4. #264
    Administrator Moh's Avatar
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    Judge denies challenge to death penalty provision

    By KATE BRUMBACK
    The Associated Press

    ATLANTA — A judge has denied a Georgia death row inmate's latest challenge to a state requirement that defendants must prove intellectual disability beyond a reasonable doubt in order to be spared from execution.

    Towaliga Circuit Judge Thomas Wilson wrote in an order dated Monday that he's procedurally barred from considering the challenge because a lawyer for Warren Lee Hill did not cite any new law or evidence to support his petition. Hill's lawyer had argued that a U.S. Supreme Court ruling in May bolsters his arguments against Georgia's "beyond a reasonable doubt" standard, the toughest in the nation.

    The high court in 2002 barred execution of the intellectually disabled, but left the states to determine who is intellectually disabled.

    The U.S. Supreme Court in May knocked down a Florida law that said any inmate who tests above 70 on an IQ test is not intellectually disabled and may be executed. The opinion said IQ tests have a margin of error and inmates whose scores fall within the margin must be allowed to present other evidence of intellectual disability.

    In a court filing in August, Brian Kammer, a lawyer for Hill, said the high court's ruling also "highlights the error of the Georgia standard." Hill's lawyers have long argued Georgia's high standard for proving intellectual disability is problematic because psychiatric diagnoses are subject to a degree of uncertainty that is virtually impossible to overcome.

    Hill's lawyers have long argued that Hill is intellectually disabled, but the state has consistently argued that Hill's defense has failed to prove it beyond a reasonable doubt. Georgia's standard has repeatedly been upheld by state and federal courts.

    Though Wilson decided he couldn't consider Hill's challenge, he also wrote in his order that he hopes the Georgia Supreme Court will weigh whether the U.S. Supreme Court ruling in the Florida case is applicable to Hill's case.

    Kammer said Wednesday he plans to appeal Wilson's order.

    Hill was sentenced to death in Lee County for the 1990 beating death of fellow inmate Joseph Handspike. At the time Hill was already serving a life sentence for murder in the 1986 slaying of his girlfriend.

    Hill has come within hours of execution three times, most recently in July 2013. Each time, a court has granted a last-minute delay based on challenges raised by his lawyers. Only one of those challenges was related to his intellectual abilities, and it was later dismissed. No execution date is currently scheduled for Hill.

    http://www.newsobserver.com/2014/10/...#storylink=cpy

  5. #265
    Administrator Moh's Avatar
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    In today's orders, the United States Supreme Court declined to review Hill's petition for certiorari.

    Lower Ct: Supreme Court of Georgia
    Case Nos.: (S14A0092)
    Decision Date: May 19, 2014
    Rehearing Denied: June 16, 2014

    Appeals exhausted. Ruling could result in an execution date.

    http://www.supremecourt.gov/search.a...es/14-6033.htm

  6. #266
    Moderator Ryan's Avatar
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    How many times is this guy going to escape death before Georgia finally executes him?

  7. #267
    Moderator Dave from Florida's Avatar
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    Quote Originally Posted by Moh View Post
    In today's orders, the United States Supreme Court declined to review Hill's petition for certiorari.

    Lower Ct: Supreme Court of Georgia
    Case Nos.: (S14A0092)
    Decision Date: May 19, 2014
    Rehearing Denied: June 16, 2014

    Appeals exhausted. Ruling could result in an execution date.

    http://www.supremecourt.gov/search.a...es/14-6033.htm
    Hill has an appeal at the Georgia Supreme Court. See post #265.

  8. #268
    Senior Member Member GASMANDIRTY's Avatar
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    Warren Hill will receive an execution date, early January. He will be followed by Joshua Bishop and Andrew Brannan.

  9. #269
    Senior Member Member GASMANDIRTY's Avatar
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    Warren Hill will have a death warrant served on him today. Execution date unknown at this time. Georgia will set a record this year for executions.

  10. #270
    Senior Member CnCP Legend FFM's Avatar
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    Execution timeframe set for Georgia inmate Warren Lee Hill

    ATLANTA — A judge has set a weeklong window for the execution of a Georgia death row inmate convicted of killing a fellow inmate.

    A Lee County judge Friday issued an order for Warren Lee Hill to be executed between Jan. 27 and Feb. 3. A Department of Corrections spokeswoman said Friday an exact date had not been set.

    Hill's lawyers argue he is intellectually disabled and therefore should be spared from execution on constitutional grounds, citing a 2002 U.S. Supreme Court decision. Georgia has the nation's strictest standard for proving intellectual disability, requiring proof beyond a reasonable doubt.

    Hill has come within hours of execution at least three times before winning a stay. He was sentenced to death in Lee County for the 1990 beating death of fellow inmate Joseph Handspike.

    http://www.macon.com/2015/01/16/3534...r-georgia.html

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