Post by Anja Nieser on Sept 26, 2006 16:29:51 GMT -5
Court accepts Ariz. death penalty appeal
The Supreme Court accepted an appeal Tuesday from Arizona, which wants to
execute a twice-convicted killer who says his lawyer didn't do enough to
ward off a death sentence.
Justices said they would review a decision by the 9th U.S. Circuit Court
of Appeals, which said a lower court should consider Jeffrey Landrigan's
claims that his lawyer was ineffective.
Landrigan escaped from an Oklahoma prison in 1989, where he was serving a
20-year term for murdering an acquaintance. A month later, he killed
Chester Dyer, who picked up men on the Phoenix streets by flashing large
sums of money.
As Landrigan and the man were drinking beer in the victim's Phoenix
apartment, Landrigan strangled Dyer with an electrical cord and repeatedly
punctured him with a screwdriver. He was convicted of killing Dyer and
sentenced to death.
Dale Baich, who represents Landrigan in his appeals, said his client might
have won a life term instead of a death sentence if his trial lawyer had
submitted evidence that he was predisposed to violence and suffered brain
damage that made him unable to appreciate his crimes.
Landrigan's father, Darrel Wayne Hill, had been on death row in Arkansas
until he died of natural causes last year.
Arizona Attorney General Terry Goddard said Landrigan told the trial judge
he did not want his lawyer to introduce evidence that would have mitigated
against a sentence of death.
The Arizona Supreme Court, a federal district judge and a 3-judge panel of
the 9th Circuit all rejected Landrigan's claims before the full appellate
decided otherwise in March.
The case is Schriro v. Landrigan, 05-1575.
(source: Associated Press)
The Supreme Court accepted an appeal Tuesday from Arizona, which wants to
execute a twice-convicted killer who says his lawyer didn't do enough to
ward off a death sentence.
Justices said they would review a decision by the 9th U.S. Circuit Court
of Appeals, which said a lower court should consider Jeffrey Landrigan's
claims that his lawyer was ineffective.
Landrigan escaped from an Oklahoma prison in 1989, where he was serving a
20-year term for murdering an acquaintance. A month later, he killed
Chester Dyer, who picked up men on the Phoenix streets by flashing large
sums of money.
As Landrigan and the man were drinking beer in the victim's Phoenix
apartment, Landrigan strangled Dyer with an electrical cord and repeatedly
punctured him with a screwdriver. He was convicted of killing Dyer and
sentenced to death.
Dale Baich, who represents Landrigan in his appeals, said his client might
have won a life term instead of a death sentence if his trial lawyer had
submitted evidence that he was predisposed to violence and suffered brain
damage that made him unable to appreciate his crimes.
Landrigan's father, Darrel Wayne Hill, had been on death row in Arkansas
until he died of natural causes last year.
Arizona Attorney General Terry Goddard said Landrigan told the trial judge
he did not want his lawyer to introduce evidence that would have mitigated
against a sentence of death.
The Arizona Supreme Court, a federal district judge and a 3-judge panel of
the 9th Circuit all rejected Landrigan's claims before the full appellate
decided otherwise in March.
The case is Schriro v. Landrigan, 05-1575.
(source: Associated Press)