On June 15, 2017, Lawlor's habeas petition was DENIED in Federal District Court.
https://docs.justia.com/cases/federa...0113/315777/60
On June 15, 2017, Lawlor's habeas petition was DENIED in Federal District Court.
https://docs.justia.com/cases/federa...0113/315777/60
On September 18, 2017, Lawlor filed an appeal before the US Court of Appeals for the Fourth Circuit.
https://dockets.justia.com/docket/ci...ourts/ca4/17-6
On September 25, 2018, oral argument will be heard in Lawlor's appeal before the Fourth Circuit.
http://www.ca4.uscourts.gov/cal/inte...p252018ric.pdf
Lawlor's panel was made up of Judges Motz (Clinton), Duncan (G.W. Bush) and Thacker (Obama).
https://www.courtlistener.com/audio/...-v-david-zook/
In today's opinions, the Fourth Circuit REVERSED Lawlor's death sentence and REMANDED his case to Federal District Court.
http://www.ca4.uscourts.gov/opinions/176.P.pdf
Article
Appeals court rules 2011 Fairfax County death sentence flawed
A jury that sentenced a Virginia man to death in 2011 should have been allowed to hear expert testimony that he was a low risk to commit violence in prison, a unanimous panel of the 4th U.S. Court of Appeals ruled Tuesday.
"The Supreme Court has long recognized that a capital sentencing body must be permitted to consider any admissible mitigating information in determining whether to assign the defendant a sentence less than death," wrote Judge Stephanie D. Thacker, joined by judges Diana Gribbon Motz and Allyson K. Duncan.
Mark E. Lawlor, 53, one of only three men on Virginia's death row, was sentenced to death in Fairfax County for the 2008 capital murder and rape of Genevieve Orange, 29, who was sexually assaulted and beaten to death. Lawlor was a leasing agent for her apartment building.
The appeals court Tuesday reversed U.S. District Court Judge Mark S. Davis, who upheld the death sentence and sent the case back to Davis for him to order a new sentencing in Fairfax County Circuit Court.
The Virginia attorney general's office could seek a hearing from the full appeals court or appeal the ruling to the U.S. Supreme Court. Michael Kelly, a spokesman for the attorney general, said, "We will carefully review the court’s decision and consider how best to proceed."
At Lawlor's trial, the defense wanted a clinical psychologist who was an expert in prison risk assessment and adaptation to testify that Lawlor was a low risk to commit new violent crimes in prison, but was prevented from doing so by the judge.
The appeals court granted Lawlor's appeal, among other things, on the grounds that his constitutional rights were violated when the expert testimony was barred.
"The state court excluded specialized and relevant testimony of a qualified witness who would have explained that Lawlor 'represents a very low risk for committing acts of violence while incarcerated,'" in a case where the jury's only choice was between life in prison without parole or death, says Tuesday's ruling.
The judges concluded that the judge's decision to exclude the expert testimony "was an unreasonable application of clearly established federal law" and that the error "had a substantial and injurious effect."
https://www.kpvi.com/news/national_n...25499f71c.html
An uninformed opponent is a dangerous opponent.
"Y'all be makin shit up" ~ Markeith Loyd
All three inmates in VA have been sent back by the 4th now. And for the pettiest reasons.
Wow what a strong DP state!
Morva is gonna be VA’s last execution. I’m calling it now.
Violence and death seem to be the only answers that some people understand.
Northam did say he's opposed to the death penalty. But I'm not sure if he meant he won't let any executions happen or he just won't expand it.
There are currently 1 users browsing this thread. (0 members and 1 guests)
Bookmarks