FEATURED POST

2018 Death Penalty report: Saudi Arabia’s False Promise

Image
With crown prince Mohammed bin Salman at the helm, 2018 was a deeply violent and barbaric year for Saudi Arabia, under his de facto leadership.
PhotoDeera Square is a public space located in front of the Religious Police building in Riyadh, Saudi Arabia, in which public executions (usually by beheading) take place. It is sometimes known as Justice Square and colloquially called Chop Chop Square. After Friday prayers, police and other officials clear the area to make way for the execution to take place. After the beheading of the condemned, the head is stitched to the body which is wrapped up and taken away for the final rites.
This year execution rates of 149 executions, shows an increase from the previous year of three executions, indicating that death penalty trends are soaring and there is no reversal of this trend in sight.
The execution rates between 2015-2018 are amongst the highest recorded in the Kingdom since the 1990s and coincide with the ascension of king Salman to the t…

Texas: Erick Davila's death penalty case made it in front of the U.S. Supreme Court. Now, he's set for execution.

Erick Davila
Erick Davila is scheduled to die Wednesday evening for a 2008 shooting at a child's birthday party that left his rival gang member's mother and five-year-old daughter dead. His case was heard and ultimately rejected by the U.S. Supreme Court last year.

A year ago, his death penalty case was being argued before the U.S. Supreme Court. Now, he is set to die.

Erick Davila, 31, is scheduled for execution Wednesday evening after a relatively short nine years on Texas’ death row. He was convicted in 2009 for repeatedly shooting at a Fort Worth house hosting a child’s birthday party, killing a rival gang member’s mother and five-year-old daughter. Davila has asked the court to stop his execution based on new claims of drug use during the murders and a conflict of interest with the Tarrant County District Attorney's Office. 

Davila has continually fought his sentence, maintaining to the courts that he only intended to kill his rival, Jerry Stevenson, not the man’s daughter, Queshawn, or her grandmother, 47-year-old Annette. It was an important distinction because the jury had to find that Davila intended to kill multiple people to be eligible for the death penalty. Prosecutors argued Davila always intended to kill more than his rival, pointing to his statement to police that he was trying to get “the guys on the porch” and “the fat dude.”

“I wasn't aiming at the kids or the woman and don't know where the woman came from,” Davila said in a written statement to police, according to court documents. “I don't know the fat dudes name, but I know what he looks like, so I recognized his face.”

It was the question of intent that eventually led Davila’s case to the nation’s high court last April on a legal technicality. His current lawyer, Seth Kretzer, argued that when jurors at his trial questioned if they needed to decide whether Davila intended to kill his two victims or if he intended to kill someone and in the process fatally shot two others, the judge — who is know the Tarrant County criminal district attorney — erred in her answer.

The judge responded that Davila would be responsible for a crime if the only difference between what happened and what he wanted was that a different person was hurt — without affirming to them that Davila must have intended to kill more than one person. The jury found him guilty.

Though his lawyer at trial objected to the judge’s instructions, the objection was overruled, and the issue wasn’t brought up again in Davila’s state appeals, which Kretzer said was bad lawyering. The question that landed in front of the U.S. Supreme Court was whether Kretzer could raise the jury instruction in federal courts because of ineffective appellate lawyers.

Generally, federal courts can’t take up issues that could have been raised in state courts, but there is an exception when the trial lawyer is found to have been ineffective. But in Davila’s case, it was the appellate lawyers, not the trial lawyer, who were being accused of dropping the ball. In June, the justices decided in a split ruling that the two types of attorneys can’t be treated equally, and Davila became eligible for execution.

He didn’t stop fighting.

After Tarrant County set an execution date, Davila filed new appeals, and one is still pending before the U.S Supreme Court. In the petition, Kretzer asks the court to delay the execution because he recently discovered that Davila’s original co-defendant told the judge that Davila was “heavily intoxicated” during the shooting — a fact that was apparently unknown by defense attorneys.

Kretzer wants time to further develop claims that the prosecution may have failed to disclose information about Davila being on drugs at the time of the murders.

“While intoxication is not a defense to murder, it would have been an issue that would have been relevant to mitigation and sentencing,” Kretzer said Tuesday, indicating a jury could have been persuaded to hand down the lesser sentence of life in prison without parole if it was brought up at trial.

The Texas Attorney General’s office argued against the appeal in its court filing, saying that Davila himself would obviously be aware of his own intoxication, so it was information the defense could have found earlier, disqualifying it from court review now. Lower courts have agreed with Texas, denying Davila’s motions.

Davila’s team has also asked the nation’s high court to remove the Tarrant County District Attorney’s office from his case since the criminal district attorney, Sharen Wilson, was the judge who oversaw his trial, and his former state appellate attorney now works for her.

“The clients should obviously be able to trust their lawyers,” Kretzer said. “You can’t get confidential information from your client and then turn around and use it against him.”

A spokeswoman for Wilson said she couldn’t comment on the pending case, but she pointed to the office’s court briefings, which indicates Davila’s previous appellate attorney is not allowed to have any involvement in the case. The state also argues that Wilson’s minimal action in the case does not violate Davila’s due process rights.

“Davila presents no direct authority mandating the office’s removal from their Texas statutory duty to represent the State, especially when the action complained of is the ministerial act of setting an execution date,” wrote Texas Assistant Attorney General Katherine Hayes in the state’s briefing to the Supreme Court.

If the justices rule against Davila, he will be executed after 6 p.m Wednesday, marking the fifth execution in Texas this year and the ninth in the country.

Source: Texas Tribune, Jolie McCullough, April 25, 2018


⚑ | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most Viewed (Last 7 Days)

Iran: Man executed in public, with children watching

Ohio board rejects condemned man’s request for mercy

French drugs suspect facing possible death penalty escapes Indonesian jail

Cruel, Not Unusual: Iran Prosecutor Backs Off Hint Of Fewer 'Divine' Amputations

Proposed South Carolina bill would make electrocution main method of execution for death penalty inmates

Third US trial finds Spaniard guilty of murdering 3

2 Saudis executed on murder charges

The toll of 50 years on death row

Death by Fentanyl: Should the Powerful Opioid Be Used in Lethal Injections?

Iran: Three Men Hanged in Public