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Thread: Robert Charles Ladd - Texas Execution - January 29, 2015

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    Robert Charles Ladd - Texas Execution - January 29, 2015






    Summary of Offense:

    On September 25, 1996, in Tyler, Ladd robbed and murdered Vickie Ann Garner, 38. Ladd beat her to death with a hammer inside her home and set her body on fire. Prior to her death, the victim's legs and wrist had been bound by a cord. Several items were stolen from her home following the murder, including electronic items, kitchen appliances, jewelry and food.

    Ladd was sentenced to death in Smith County on August 29, 1997.

  2. #2
    Administrator Moh's Avatar
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    On May 27, 2003, the US Supreme Court denied Ladd's certiorari petition following the Texas Court of Criminal Appeals' denial of his habeas petition.

    http://www.supremecourt.gov/Search.a...s/02-10219.htm

    Previously, on April 23, 2003, Ladd had filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/tex...3cv00239/5608/

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    Administrator Moh's Avatar
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    February 14, 2013

    What part of "forthwith" does Your Honor not understand?

    Posted by Kent Scheidegger

    Opponents of reform of the process for reviewing capital cases often claim that long, intensive reviews are needed to prevent injustice in these cases. Putting aside whether that is generally true and whether the delay itself causes injustice, there are undeniably some judges who simply sit on cases, sometimes for years.

    For federal courts, Congress has provided that victims of crime have "The right to proceedings free from unreasonable delay." 18 U.S.C. §3771(a)(7). Congress amended the statute in 2006 in the Adam Walsh Act to include habeas corpus proceedings as well as federal criminal prosecutions. §3771(b)(2).

    The statute further provides that when the victim or the government on behalf of the victim makes a motion for relief, "The district court shall take up and decide [the motion] forthwith." §3771(d)(3) (emphasis added).

    Robert Ladd murdered Vicki Ann Garner in Tyler, Texas over 16 years ago. His standard appeal, state habeas, and federal habeas reviews were completed 10 years ago. He has been allowed a second federal habeas review to hear a claim that he is retarded and thus exempted from the death penalty by Atkins v. Virginia, which established a retroactive new rule. Okay, the statute on successive petitions permits that. See 28 U.S.C. §2244(b)(2)(A).

    But the evidentiary hearing and post-hearing briefing were completed over seven years ago, and U.S. District Judge Richard Schell has been sitting on the case ever since. In June of last year, the state made a motion to rule on the petition, and Judge Schell has been sitting on that for over seven months.

    When courts issue writs of mandamus to executive officers, they wax eloquent about the need for government officials to respect and obey the law. Nobody is above the law, etc., etc. But too often it is the judges who simply ignore laws they don't like. Clearly, the right of the victim to proceedings free from unreasonable delay has been violated here. By no stretch of the imagination is seven months "forthwith."

    The state and the victim's sister have filed a petition for writ of mandamus in the Fifth Circuit. Let us hope respect for the law reaches a higher level there.

    http://www.crimeandconsequences.com/....html#comments

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    Administrator Moh's Avatar
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    On February 15, 2013, Federal District Judge Richard Schell DENIED Ladd's habeas petition.

    http://docs.justia.com/cases/federal...00239/5608/90/

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    On March 7, 2013, Ladd filed an appeal in the Fifth Circuit over the denial of his habeas petition in Federal District Court.

    http://dockets.justia.com/docket/cir.../ca5/13-70011/

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

    https://www.ca5.uscourts.gov/opinion...-70011-CV0.pdf
    Last edited by FFM; 10-07-2014 at 12:17 PM.

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    Article

    Man accused in Tyler slaying loses death row appeal

    A federal appeals court has rejected a death row inmate's claims that he's mentally impaired and ineligible for execution for the slaying of an East Texas woman nearly 18 years ago.

    The 5th U.S. Circuit Court of Appeals ruling Tuesday moves 57-year-old Robert Ladd closer to execution for the murder of 38-year-old Vicki Ann Garner at her Tyler apartment in 1996. Her body, bound at the legs and wrists, had been set on fire and she was beaten with a hammer.

    A federal judge last year ruled Ladd's attorneys had failed to prove their claim of mental impairment. The appeals ruling supports that finding.

    At the time of the slaying, Ladd was on parole after serving 13 years and pleading guilty to three other slayings in Dallas in 1978.

    http://www.kltv.com/story/25195776/m...ath-row-appeal
    An uninformed opponent is a dangerous opponent.

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    In today's orders, the United States Supreme Court declined to review Ladd's petition for certiorari.

    Appeals exhausted. Ruling could result in an execution date.

    Three Texas Death Row Inmates Lose Appeals

    Edited

    The U.S. Supreme Court Monday rejected appeals from three Texas death row inmates.

    Robert Ladd

    The court rejected the appeal without comment Monday of Robert Ladd, 57, who was sentenced to death for the slaying of a Tyler woman at her apartment 18 years ago.

    In April, the 5th U.S. Circuit Court of Appeals turned down his appeal in which he argued that he's mentally impaired and ineligible for execution.

    He was convicted of killing Vicki Ann Garner, 38, in 1996.

    She was been beaten with a hammer and her body, bound at the legs and wrists, was set on fire.

    At the time, Ladd was on parole after serving 13 years in prison for pleading guilty to three other slayings in Dallas.

    In 2003, he received a reprieve from the 5th Circuit about nine hours before his scheduled execution.

    http://www.kwtx.com/home/headlines/T...278247171.html
    An uninformed opponent is a dangerous opponent.

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

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    Supreme Court rejects appeal

    The family of a Mount Pleasant woman who was brutally raped and murdered 18 years ago can finally look forward to her killer receiving the death penalty.

    Vicki Ann Garner, a member of the Mount Pleasant High School class of 1977, was killed on Sept. 25, 1996 in Tyler. The convicted killer, Robert Charles Ladd, was sentenced to death less than a year later, on Aug. 27, 1997.

    On Monday, her family received word that the U.S. Supreme Court has denied Ladd’s appeal. Members of Garner’s family now hope a date can be set for Ladd’s long-awaited visit to the death chamber in Huntsville.

    Her younger sister, Teresa Wooten, said she got a call from a member of the state Attorney General’s staff Monday morning.

    “I cried. It was very emotional. It’s been a long time coming, and it was like reliving the whole thing,” Wooten said.

    As a result over the years of being driven by the need to find justice for Vicki, today she serves as the sexual assault director at the SAFE-T center here in Mount Pleasant.

    Wooten said the state AG’s office will now contact the district attorney in Tyler to set a date for Ladd’s execution.

    On September 25, 1996, Vicki Ann Garner was found dead in her home. She had been raped and strangled to death. In addition, her home was robbed and then set on fire.

    A police investigation quickly connected Ladd to Garner’s murder. Ladd’s DNA was found on Garner, his hand print was found in Garner’s kitchen, and Ladd had sold a TV set that had been taken from Garner’s residence in exchange for crack cocaine.

    Soon after, Ladd was indicted for capital murder, because the murder occurred during the commission of burglary, robbery, sexual assault, and arson.

    On August 23, 1997, a Texas state jury convicted Ladd of capital murder, and, on August 27, 1997, the jury imposed the death penalty.

    “It took them 20 minutes to reach a verdict,” Wooten said. “They said it was the fastest verdict in a death penalty case they had ever seen.”

    Vicki’s mother died in 2011 and her father in 2013. In addition to Wooten, she is survived by an older sister, Kathy Pirtle, who lives in Upshur County.

    Wooten said Monday she hopes a date with the execution chamber can be set before the end of the year, but practically speaking, the state does not schedule executions between Thanksgiving and New Years.

    The law also requires the subject of an execution have at least 30 days to prepare, she said.

    If the execution is not scheduled before the end of the year, she anticipates it will be sometime in January or February.

    http://www.dailytribune.net/news/sup...5f253b7fd.html

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    Execution date set for Garner’s killer

    Judge sets Dec. 11


    The family of Vicki Garner last Friday came one step closer to justice when Judge Christi Kennedy of the 114th District Court ruled to set an execution date for Garner’s killer, Robert Charles Ladd, in a hearing that took place in the Smith County courthouse.

    The execution is scheduled to take place on Thursday, Dec. 11, after 6 p.m.

    Garner’s younger sister, Teresa Wooten of Mount Pleasant, attended the hearing with eight additional family members. Wooten said it was a very emotional moment for the family.

    “It was the first time we had seen Mr. Ladd since 2002,” Wooten said. “This has been a long time coming.”

    Vicki Ann Garner, a member of the Mount Pleasant High School Class of 1977, was brutally murdered on Sept. 25, 1996 in Tyler. Ladd was convicted and sentenced to death less than a year later on Aug. 27, 1997.

    Wooten said the journey has been a tough emotional road for the family Garner left behind.

    “As we get closer to the date in December, it is not something we will celebrate in so much the death of Mr. Ladd,” Wooten said. “It is the opportunity for us to realize justice for Vicki.”

    http://www.dailytribune.net/news/exe...f6523ee25.html
    An uninformed opponent is a dangerous opponent.

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

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