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Thread: William Lester Witter - Nevada Death Row

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    William Lester Witter - Nevada Death Row


    William Lester Witter

    Summary of Offense:

    Witter was convicted of stabbing and trying to sexually assault Kathryn Cox in a garage in Las Vegas on November 17, 1993. When Cox's husband, James, arrived home, Witter stabbed him 16 times, killing him.

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    Administrator Heidi's Avatar
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    Nevada high court rejects appeals of death row inmates

    For the 3rd time, the Nevada Supreme Court has rejected the petition of death row inmate William Lester Witter, convicted of sexually assaulting a woman in Las Vegas and then fatally stabbing her husband.

    The court also denied the appeal of Zane M. Floyd, sentenced to death for the murder of 4 employees at a former Albertsons grocery store in Las Vegas in June 1999.

    Witter, now 47, argued a jury instruction on premeditation was flawed and his conviction should be overturned.

    The court said Witter’s attack was an act of "extreme violence" and his actions were not a "rash impulse."

    "Moreover, as the evidence demonstrated that the killing occurred during the attempted commission of a sexual assault and burglary, Witter failed to demonstrate that he would not have been convicted of 1st-degree murder under the felony-murder theory," the court said.

    Witter was convicted of stabbing and trying to sexual assault Kathryn Cox in a garage in Las Vegas. When Cox's husband James arrived home, Witter stabbed him 16 times, killing him.

    Floyd, now 35, claimed he was not permitted to present evidence to support his latest petition. The Supreme Court said many of the claims by Floyd had been previously raised and decided.

    Floyd maintained he was incapable of premeditation because of his fetal alcohol spectrum disorder, attention deficit hyperactivity disorder, dissociative disorder and long-term use of drugs, alcohol and methamphetamines.

    The court said there was conflicting evidence and there was nothing to prove his innocence.

    Floyd was convicted in the fatal shooting of Thomas Darnell, 40, Carlos "Chuck" Leos, 41, Dennis Troy Sargent, 31 and Lucille Tarantino, 60.

    (Source: The Las Vegas Sun)

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    Administrator Moh's Avatar
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    On April 7, 2011, Witter's habeas corpus proceeding was re-opened in Federal District Court. His habeas petition had first been filed on September 5, 2001.

    http://dockets.justia.com/docket/nev...cv01034/14026/

  4. #4
    Drambrew
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    I don't understand how he keeps getting appeals? Can someone please explain?

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    Administrator Heidi's Avatar
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    It isn't so much the number of appeals as it is the nature of the appeal, and the time it takes for a ruling on an appeal.

    From the last filing it looks as though Witter has exhausted all state appeals, and has now entered into the federal appeals process. He had 45 days from 04/07/11 to file the federal appeal. There is no telling how long it will take the federal district court to rule. If the court rules in favor of Witter then the state will likely appeal to the 9th Circuit Court of Appeals and again no telling how long it will take for that court to rule.

    In a nutshell, these appeals can bounce back and forth between state and federal courts for years. It seems there are many appeals, but it is more challenges to one appeal.

  6. #6
    Drambrew
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    So what happens if the death penalty gets overturned? Are the victims notified?

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    Administrator Heidi's Avatar
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    I would hope so. In Nevada it would make the news within hours.

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    Federal Habeas petitions in Nevada take a good 10-15 years alone. The District Courts take forever to rule and when appealed to the 9th circuit on either side, it usually will take anywhere between 3-4 years

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    Habeas Corpus Petition Denied for Death Row Inmate

    The United States District Court for Nevada has denied a death row inmate's petition for Habeas Corpus.

    On August 12, United States District Court Judge Robert Jones denied the petition from William Witter, aged 51. Witter claimed that there were multiple instances of trial error and that his counsel provided ineffective assistance.

    Witter was convicted by a jury in 1995 of first-degree murder with the use of a deadly weapon, attempted murder with the use of a deadly weapon, attempted sexual assault with use of a deadly weapon, and burglary.

    The convictions stem from a 1993 criminal occurrence in which Witter sexually assaulted a woman in an underground Las Vegas parking lot and later stabbed her husband to death when he arrived during the assault and tried to intervene.

    Having previously been convicted of a violent felony, the jury imposed a death sentence for the murder. Witter appealed the convictions in state court, but was unsuccessful.

    Nevada Attorney General Catherine Masto said, "The district court’s ruling is an important step in ensuring that justice is served in this case and the culmination of years of effort on behalf of my Office and the Office of the Clark County District Attorney. The families of the victims of Witter’s atrocious crimes deserve to see justice in a timely manner, and my Office will continue to fight for them through any appeal.”

    http://www.kolotv.com/home/headlines...1.html?ref=731
    An uninformed opponent is a dangerous opponent.

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

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    Administrator Moh's Avatar
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    On September 12, 2014, Witter filed an appeal before the US Court of Appeals for the Ninth Circuit.

    http://dockets.justia.com/docket/cir...s/ca9/14-99009

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