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Thread: Marion Wilson, Jr. - Georgia Execution - June 20, 2019

  1. #11
    Administrator Moh's Avatar
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    On July 30, 2015, the Eleventh Circuit GRANTED Wilson's petition for en banc rehearing.

    http://www.ca11.uscourts.gov/sites/d...hearingord.pdf

  2. #12
    Moderator MRBAM's Avatar
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    Can anyone sum up what is at issue that would have allowed for grant?

  3. #13
    Administrator Aaron's Avatar
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    The full court is going to weigh in on his claim is all. His request for a full hearing was granted. He hasn't been granted habeas relief or received a reversal.

  4. #14
    Moderator MRBAM's Avatar
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    I understand what it means, but why would they need to review his case. See post #8 - they already heard and denied his claim. What I'm asking is what is so compelling about his case that warrants another look?

  5. #15
    Senior Member Member GASMANDIRTY's Avatar
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    In this case all about to happen is the full court will hear his case. Trust me this is a done deal. SCOTUS will not overturn this case. Trust me the world has a better chance of seeing OJ Simpson dating black women again before this case is overturned.

  6. #16
    Senior Member CnCP Legend JLR's Avatar
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    October 21, 2015

    Georgia’s and death-row inmate’s lawyers in agreement

    By Bill Rankin
    The Atlanta Journal and Constitution

    The federal appeals court in Atlanta on Tuesday encountered an almost unheard of coincidence: a lawyer for the state Attorney General’s Office and an attorney defending a death-row inmate agreed on an issue before the court.

    For this reason, the 11th U.S. Circuit Court of Appeals did something that was almost equally unusual: It appointed another lawyer to argue against the position shared by the state attorney and the death-penalty lawyer.

    The case involves the appeal of death-row inmate Marion Wilson. In 1996, Wilson, along with co-defendant Robert Earl Butts, asked Donovan Parks for a ride outside a Wal-Mart in Milledgeville in 1996. After Parks, a prison guard, let them inside his car and drove away, Wilson and Butts ordered him to pull over. One of them then killed Parks with a shotgun blast to the head. Both Wilson and Butts sit on death row.

    Wilson is one of a number of death-row inmates whose appeals are almost exhausted. Earlier this month, the U.S. Supreme Court declined to hear three appeals, nearly doubling the number of condemned inmates who are eligible to be put to death.

    The issue before the 11th Circuit on Tuesday was the arcane question of what prior state court ruling the court should look to when deciding the merits of a condemned inmate’s federal appeals.

    Should the court look to the state Superior Court judge’s lengthy order, which gives detailed reasons as to how certain findings and decisions were reached? Or should the court look only at the state Supreme Court’s one-word decision — “Denied” — when it declined to hear an appeal of the Superior Court judge’s ruling.

    Brian Kammer, director of the Georgia Resource Center, and Senior Assistant Attorney General Sabrina Graham are often at loggerheads, fiercely litigating against one another as an execution nears. But on Thursday, Kammer, when first addressing the entire 11th Circuit, said, “The state Attorney General and I on this rare occasion agree.”

    Both lawyers said the 11th Circuit should “look through” the state Supreme Court’s cursory denial to the state court judge’s reasoned opinion.

    This is an important distinction because federal courts can step in to correct a state court conviction when there is a finding the state court decision upholding that conviction misapplied clearly established U.S. Supreme court law or was based on an unreasonable determination of the facts.

    In death cases, if the 11th Circuit only has to rely on the state Supreme Court’s one-word decision declining to hear an appeal of the lower-court judge’s opinion, then the federal appeals court can come up with its own reasons as to why the death sentence should continue to be upheld. The court could not offer such speculation, however, if it must look at the detailed ruling by the lower-court judge. Instead, the appeals court would only review the reasonableness and adequacy of the state court judge’s ruling.

    From the questions posed by the appeals court judges during the oral arguments, it became clear that Judge Bill Pryor, Alabama’s former attorney general, wants the court to hold that the state Supreme Court’s summary denial to hear the condemned inmate’s appeal was a ruling decided on the merits. For that reason, Pryor said, the court does not have to look through it to the decision issued by the state Superior Court judge.

    Pryor often nodded in agreement when the court’s appointed lawyer, Chicago attorney Adam Mortara, argued that the state Supreme Court’s summary denial was the ruling the appeals court need only look to.

    Chief Judge Ed Carnes said the issue is a close call and did not indicate which way he was leaning. The argument was heard by all 11 of the court’s judges.

    Judges Charles Wilson, Jill Pryor and Adalberto Jordan disagreed with Mortara’s position. And a number of judges appeared frustrated there was no clear answer.

    At one point, Graham, the state attorney, seemed to sum up the mood in the crowded courtroom, “I think it is a very confusing issue.”

    http://legal.blog.ajc.com/2015/10/20...urt-arguments/

  7. #17
    Administrator Aaron's Avatar
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    Deeply divided appeals court rejects death-row appeal

    A deeply divided federal appeals court in Atlanta has ruled against a Georgia death-row inmate in one of the more unusual appeals to come before the court in years.

    Lawyers who are trying to keep the inmate alive and state attorneys who are trying to put him to death were both in agreement on the appeal – yet a 6-5 majority of the 11th U.S. Circuit Court of Appeals ruled against them.

    The appeals court decided the arcane question of what prior state court ruling it should evaluate when deciding the merits of a condemned inmate’s federal appeals. The outcome of Tuesday’s decision means it could be much more difficult in the future for death-row inmates to persuade the federal appeals court to overturn their capital sentences.

    The 11th Circuit, in a decision written by Judge Bill Pryor, ruled that his court only had to look at a terse, summary opinion by the Georgia Supreme Court when it declines to hear an appeal of a lengthy and detailed ruling by a state Superior Court judge. Trial judges routinely issue such rulings after convening hearings and considering evidence and testimony.

    Both lawyers for condemned inmate Marion Wilson and the state Attorney General’s Office had told the 11th Circuit that they thought, when reviewing the merits of an inmate’s appeal, it should look at the reasoned, detailed ruling by the state court judge. When the 11th Circuit learned the two sides that are always fiercely litigating against each other were for once in agreement, it did something even more unusual. It appointed Adam Mortara, a Chicago attorney who was not involved in the case in any way, to argue the other side of the issue. And it ruled in his favor.

    In the majority decision, Pryor wrote that when Georgia Supreme Court denies to hear a death-row inmate’s appeal, it is making a determination that the inmate’s appeal lacks merit. For this reason, the state high court has considered the merits of the case, Pryor said.

    “To contend that the denial is not an adjudication on the merits is to suggest that the elaborate procedures of the Georgia courts are a sham,” Pryor wrote. “We refuse to endorse that suggestion.”

    Pryor’s 31-page majority opinion was joined by four colleagues who most often side with the state in death-row appeals: Ed Carnes, Gerald Tjoflat, Frank Hull and Stanley Marcus. The deciding, and sixth, vote appeared to belong to Julie Carnes, a former federal judge in Atlanta put on the appeals court by President Barack Obama in 2014.

    Wilson and co-defendant Robert Earl Butts sit on death row for killing state prison guard Donovan Parks in 1996. The two men asked Parks for a ride outside a Wal-Mart in Milledgeville, and when Parks let them inside his car and drove away, Wilson and Butts ordered him to pull over. One of the two men then killed Parks with a shotgun blast to his head.

    The 11th Circuit’s ruling sets a precedent that should make it more difficult for the appeals court to overturn death sentences in the future, dissenting judges said. That’s because a federal court can only step in and throw out a conviction or capital sentence when it finds that a state court misapplied clearly established U.S. Supreme Court precedent or based its ruling on an unreasonable determination of the facts.

    In death cases, if the 11th Circuit only has to rely on the state Supreme Court’s one-sentence summary denial to hear an appeal of the lower-court judge’s opinion, then the federal appeals court can come up with its own reasons as to why the death sentence should continue to be upheld. The appeals court could not offer such speculation if it must look at the detailed ruling by the lower-court judge. In that case, the appeals court would only review the reasonableness and adequacy of the state court judge’s ruling.

    Pryor’s majority opinion was followed by 61 pages of dissents, one written by Judge Alberto Jordan, the other by Judge Jill Pryor. Both of their dissents were joined by Judges Beverly Martin, Charles Wilson and Robin Rosenbaum.

    Jill Pryor wrote that she feared the new precedent will deprive death-row inmates the chance to get relief when filing appeals — writs of habeas corpus — in federal court that challenge their convictions and sentences.

    By deferring to a summary decision by the Georgia Supreme Court, a federal court “can conjure up any ground upon which relief reasonably could have been denied,” even when the Superior Court judge’s lengthy opinion upholding the death sentence was contrary to clearly established law, Pryor wrote.

    Jordan noted in his dissent that two U.S. Supreme Court justices – Ruth Bader Ginsburg and Elena Kagan – have expressed their opinion that the 11th Circuit would be in error to follow the path taken by Tuesday’s majority opinion.

    "Two justices do not a majority make,” Jordan wrote. “But their view should be given due consideration.”

    http://legal.blog.ajc.com/2016/08/24...th-row-appeal/
    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

  8. #18
    Senior Member Member GASMANDIRTY's Avatar
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    There's one more ready for the big day. So proud of the state of Georgia. If you kill or harm law enforcement, get ready.

  9. #19
    Administrator Aaron's Avatar
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    This might not be the last we hear from Wilson. It seems that Ginsburg and Kagan will vote to grant cert. And with Breyer and Sotomayor on the court SCOTUS might grant cert for this thug. Hopefully he doesn't get 4 votes so justice can be served.
    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

  10. #20
    Administrator Moh's Avatar
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    In today's opinions, a three-judge panel of the Eleventh Circuit DENIED Wilson's appeal on remand from the Eleventh Circuit sitting en banc.

    http://media.ca11.uscourts.gov/opini...01410681.2.pdf

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