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Thread: Christopher D. Barbour - Alabama Death Row

  1. #1
    Administrator Michael's Avatar
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    Christopher D. Barbour - Alabama Death Row




    Summary of Offense:

    Barbour confessed to killing Mrs. Thelma Bishop Roberts at her home on March 20, 1992. Thelma was beaten, raped, and stabbed nine or more times, with two wounds going completely through her body. A trash bag was placed over her head, clothing was piled on top of her and set on fire. This is how she was found by her then 16-year-old son. Barbour also confessed to holding Thelma down as a friend raped her. But his lawyer has argued that Barbour confessed out of fear. DNA tests excluded his co-defendant, 16-year-old Christopher Hester, as the rapist. Hester received a 35-year sentence. Barbour is asking for DNA tests to show whether he committed the sexual attack.

    Barbour was sentenced to death on February 3, 1994.

  2. #2
    Administrator Moh's Avatar
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    Christopher D. BARBOUR v. STATE of Alabama.

    CR-00-1731.

    June 25, 2004

    Miriam Gohara and George H. Kendall, New York City, New York, for appellant.William H. Pryor, Jr., atty. gen., and J. Clayton Crenshaw, asst. atty. gen., for appellee.

    Christopher D. Barbour appeals from the circuit court's denial of his petition for postconviction relief, filed pursuant to Rule 32, Ala.R.Crim.P. On June 24, 1993, Barbour was convicted of three counts of capital murder for the killing of Thelma Bishop Roberts.   The murder was made capital because it was committed during the course of a first-degree rape, a first-degree burglary, and a first-degree arson.   See § 13A-5-40(a)(3), (a)(4), and (a)(9), Ala.Code 1975.   After a sentencing hearing, the jury recommended, by a vote of 10-2, that Barbour be sentenced to death.   The trial court accepted the jury's recommendation and sentenced Barbour to death by electrocution.   This Court affirmed Barbour's convictions on direct appeal.   See Barbour v. State, 673 So.2d 461 (Ala.Crim.App.1994).

    Barbour petitioned the Alabama Supreme Court for certiorari review.   The Supreme Court granted his petition, pursuant to Rule 39(c), Ala.R.App.P., as it read before it was amended effective May 19, 2000.1  On August 18, 1995, the Supreme Court affirmed Barbour's conviction and sentence.   See Ex parte Barbour, 673 So.2d 473 (Ala.1995), and a certificate of judgment was issued on November 7, 1995.   Thereafter, Barbour petitioned the United States Supreme Court for certiorari review.   On July 24, 1996, the United States Supreme Court denied Barbour's petition for the writ of certiorari.   See Barbour v. Alabama, 518 U.S. 1020, 116 S.Ct. 2556, 135 L.Ed.2d 1074 (1996).

    On March 4, 1997, Barbour filed a Rule 32 petition, challenging his capital-murder convictions and death sentence.   With the assistance of counsel, Barbour filed an amendment to his Rule 32 petition on September 10, 1997.   After the State filed a response to Barbour's petition, the circuit court conducted an evidentiary hearing and heard evidence regarding the claims raised in the petition.   On April 21, 1998, the circuit court entered a lengthy written order denying the petition.  (C. 409-467.)   Barbour did not appeal the denial of his petition.

    On September 8, 2000, the State asked the Alabama Supreme Court to set an execution date for Barbour.   On April 4, 2001, Barbour filed a “Motion for Preservation of DNA Evidence” and a “Motion to Reopen Rule 32 Proceeding.”   On April 20, 2001, the Alabama Supreme Court set an execution date of May 25, 2001, for Barbour.   On April 24, 2001, in response to Barbour's motion to reopen the Rule 32 proceeding, the State filed a pleading entitled “Answer and Motion to Dismiss Barbour's Successive Rule 32 Petition for Relief from Conviction and Sentence.”   The circuit court 2 treated the motion to reopen as a Rule 32 petition and summarily denied it on May 16, 2001.  (C. 631-53.)   On May 18, 2001, Barbour filed a motion in the Alabama Supreme Court seeking a stay of execution.   On May 21, 2001, Barbour filed a notice of appeal to this Court from the denial of his motion to reopen the Rule 32 proceeding.   On that same date, he filed a motion for a stay of execution and a petition for a writ of habeas corpus in the United States District Court for the Middle District of Alabama.   On May 23, 2001, the district court granted Barbour's motion for a stay pending resolution of his state-court proceeding and his federal habeas corpus proceeding.   See Barbour v. Haley, 145 F.Supp.2d 1280 (M.D.Ala.2001).   This appeal followed.

    This is an appeal from the denial of a collateral petition attacking Barbour's death sentence............. (edit) Based on our review of the record before us, as well as our review of the arguments of counsel and the relevant legal principles, we are convinced that the circuit court correctly denied Barbour's Rule 32 petition and that he is not entitled to relief on any of the claims raised in this appeal.   Accordingly, the judgment of the circuit court is affirmed.

    To read the entire decision, see: http://caselaw.findlaw.com/al-court-...s/1487093.html

  3. #3
    Administrator Moh's Avatar
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    June 19, 2007

    Supreme Court won't hear death row inmates' claim

    By Bob Johnson
    The Associated Press

    MONTGOMERY — The U.S. Supreme Court refused to hear an appeal Monday from several Alabama death row inmates who claimed they were not adequately represented by attorneys after their first round of appeals.

    The justices made no comment as they declined to hear the inmates' claim that Alabama is the only state that does not provide death row inmates with attorneys during what is known as their indirect appeal.

    Their attorney, Bryan Stevenson, said it's during the indirect round of appeals that inmates raise issues such as new evidence of innocence or lack of competent counsel at trial. State's attorneys have argued the inmates receive able legal help.

    Federal lawsuit

    The federal lawsuit was filed by death row inmate Christopher Barbour and several others. Barbour, convicted in 1992 of the rape and stabbing death of Thelma Bishop Roberts, 40, of Montgomery, came within two days of a scheduled execution in May 2001.

    U.S. District Judge Myron Thompson issued a stay of execution after Barbour argued his appeal had been sidetracked because several lawyers had dropped out of his case.

    Stevenson said not having a good attorney during the indirect appeal makes it difficult for inmates to raise some issues that might win them new trials or reverse their death sentences. Stevenson said the appeals are often handled by attorneys, sometimes from outside Alabama, who volunteer to represent the inmate without charge.

    "We do not have a system that depends on volunteer judges or volunteer prosecutors," Stevenson said.

    "We should not have a system that depends on volunteer defense attorneys."

    The chief of the death penalty division of the Alabama attorney general's office, Clay Crenshaw, said most Alabama death row inmates are represented by highly competent attorneys and law firms.

    The 11th U.S. Circuit Court of Appeals had ruled against the inmates and the case was appealed to the U.S. Supreme Court.

    The lawsuit asked the courts to put a moratorium on deadlines for filing appeals until the state provided a system for inmates to be represented during the appeals process.

    Representation

    A brief filed with the Supreme Court by former Alabama Solicitor General Kevin C. Newsom said it's not true that many Alabama death row inmates are underrepresented during the appeals process.

    "The reality is that, almost without fail, death-row inmates in fact have the assistance of superbly qualified counsel in preparing, presenting and litigating post-conviction challenges to their convictions and sentences," Newsom said in the brief.

    Stevenson said he was disappointed by the Supreme Court decision Monday, but said he expects inmates to continue to pursue the issue.

    "It's not over. They did not rule against us. They just declined to hear it at this time," Stevenson said.

    Besides Barbour, other inmates named as plaintiffs in the lawsuit were James Borden, Eugene Clemmons, Gary Hart, James Callahan, Glenn Holladay, Tony Barksdale and Anthony Tyson.

    Stevenson said Hart and Borden are no longer on death row — Hart because of a Supreme Court ruling that juveniles can't be executed and Borden because of court rulings prohibiting execution of mentally retarded individuals.

    http://archive.decaturdaily.com/deca...19/death.shtml

  4. #4
    Moderator Bobsicles's Avatar
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    Barbour’s motion for DNA testing granted by the federal district court.

    All other motions are denied.

    https://law.justia.com/cases/federal...0612/7707/168/
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

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  5. #5
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    A real piece of oak. "Barbour confessed to killing Mrs. Thelma Bishop Roberts at her home on March 20, 1992. Thelma was beaten, raped, and stabbed nine or more times, with two wounds going completely through her body. A trash bag was placed over her head, clothing was piled on top of her and set on fire. This is how she was found by her then 16-year-old son. Barbour also confessed to holding Thelma down as a friend raped her. But his lawyer has argued that Barbour confessed out of fear. DNA tests excluded his co-defendant, 16-year-old Christopher Hester, as the rapist. Barbour is asking for DNA tests to show whether he committed the sexual attack."
    So, he thinks if the DNA excludes him as the rapist, and he is ONLY culpable for beating, stabbing the victim 9 or more times, placing a bag over her head and lighting her o n fire, that his death sentence will be rescinded? He must be even dumber than he looks: and his photo is revealing in that regard.

  6. #6
    Moderator Bobsicles's Avatar
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    Barbour’s motion for DNA testing granted by the Middle District Court of Alabama.

    https://law.justia.com/cases/federal...0612/7707/230/
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

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