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Thread: Casey Allen McWhorter - Alabama Execution - November 16, 2023

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    Casey Allen McWhorter - Alabama Execution - November 16, 2023


    Casey McWhorter


    Casey McWhorter with his spiritual advisor shortly before his scheduled execution


    Summary of Offense:

    In 1994, McWhorter was convicted and sentenced to death in the 1993 shooting death of Edward Lee Williams, Sr., of Albertville. Testimony during the trial indicated McWhorter and two other youths had discussed robbing Williams.

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    Court of Criminal Appeals of Alabama

    McWHORTER v. STATE

    Casey A. McWHORTER v. STATE of Alabama

    CR–09–1129

    September 30, 2011

    Casey A. McWhorter appeals the circuit court's denial of his petition for postconviction relief filed pursuant to Rule 32, Ala. R.Crim. P. We affirm.

    In March 1994, McWhorter was convicted of capital murder in connection with the death of Edward Lee Williams because it was committed during the course of a first-degree robbery. See § 13A–5–40(a)(2), Ala.Code 1975. Following the penalty phase, the jury, by a vote of 10–2, recommended that McWhorter be sentenced to death. The circuit court accepted the jury's recommendation and sentenced McWhorter to death.

    This Court affirmed McWhorter's conviction and sentence on direct appeal. See McWhorter v. State, 781 So.2d 257 (Ala.Crim.App.1999) (“McWhorter I ”). The Alabama Supreme Court affirmed this Court's judgment, Ex parte McWhorter, 781 So.2d 330 (Ala.2000) (“McWhorter II ”), and the United States Supreme Court subsequently denied certiorari review on April 16, 2001. McWhorter v. Alabama, 532 U.S. 976, 121 S.Ct. 1612, 149 L.Ed.2d 476 (2001).

    On April 11, 2002, McWhorter, through counsel, filed a timely Rule 32 petition in the Marshall Circuit Court, attacking his conviction and death sentence. The case was assigned to Judge David Evans, who did not preside over McWhorter's trial and who retired in 2007. The State filed an answer and a motion to dismiss McWhorter's petition. After several years of litigation, on February 28, 2005, McWhorter filed the amended Rule 32 petition that is the subject of this appeal, in which he reasserted and expanded the claims asserted in his original Rule 32 petition. On May 11, 2005, the State filed an answer and a motion to dismiss certain claims in McWhorter's amended petition, and McWhorter responded. A postconviction evidentiary hearing was held on September 27, 2005, and Judge Evans subsequently issued an order, dated October 19, 2006, and filed on November 1, 2006, summarily dismissing several of the claims in McWhorter's amended petition on the grounds that the claims were insufficiently pleaded, were meritless on their face, or were procedurally barred.

    McWhorter and the State also filed several motions for discovery that were not ruled on before Judge Evans retired in 2007. After Judge Evans retired, Judge Liles C. Burke, who was then a Marshall County district court judge, was appointed as a special circuit court judge, and he considered and ruled on the discovery motions. Judge Burke conducted a postconviction evidentiary hearing on August 26–28, 2009, on the remaining claims in McWhorter's petition that had not been summarily dismissed.

    Following the postconviction hearing, McWhorter filed a brief for the circuit court's consideration. On March 29, 2010, the circuit court denied McWhorter's postconviction petition in a lengthy, 77–page written order. McWhorter subsequently filed an objection to the circuit court's order, which the circuit court denied. This appeal followed....(edit)

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    On November 25, 2013, McWhorter filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/ala...cv02150/149935

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    On January 22, 2019, McWhorter's habeas petition was DENIED by Judge Proctor (G.W. Bush).

    https://docs.justia.com/cases/federa...2150/149935/30

    On April 19, 2019, McWhorter filed an appeal before the United States Court of Appeals for the Eleventh Circuit.

    https://dockets.justia.com/docket/ci.../ca11/19-11535

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    On May 28, 2020, oral argument will be heard in McWhorter's appeal before the Eleventh Circuit.

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

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    11th Circuit denied McWhorter's appeal today.

    https://law.justia.com/cases/federal...020-08-18.html
    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

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    The panel was made up of Judge Wilson (Clinton), Judge Martin (G.W. Bush) and Senior Judge Ed Carnes (G.H.W. Bush).

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    Martin is an Obama judge.
    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

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    En banc rehearing denied October 20, 2020.

    Final petition for writ of certiorari filed March 17, 2021.

    https://www.supremecourt.gov/Search....c\20-1302.html
    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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    Final appeal distributed for conference June 10, 2021.

    https://www.supremecourt.gov/search....c/20-1302.html
    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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