5th Circuit rejects the late appeal by inmate with low IQ

[Judi Lynn]

Dec. 16, 2005, 10:34PM
5th Circuit rejects the late appeal by inmate with low IQ
Attorneys for Texas man facing execution had missed deadline by 40 days


By CLAY ROBISON
Copyright 2005 Houston Chronicle Austin Bureau

AUSTIN - A Texas death row inmate whose lawyers say is mentally retarded lost an appeal this week before a federal court because he missed a filing deadline.

Although the U.S. Supreme Court banned the execution of mentally retarded convicts three years ago, the state contends Marvin Lee Wilson of Beaumont isn't mentally retarded, and he lost a mental retardation claim in state courts.

His lawyers had taken his appeal to federal court, where the door was shut on Tuesday by a panel of the 5th U.S. Circuit Court of Appeals because Wilson's application to file for a writ of habeas corpus was submitted after a deadline set under a 1996 federal law governing habeas proceedings.
(snip)

"People have been executed in Texas because of missed deadlines," said Jim Marcus of the Texas Defender Service.

"What's different about this particular situation is whether Mr. Wilson is categorically exempt from the death penalty because he has mental retardation."
(snip/...)

http://www.chron.com/disp/story.mpl/metropolitan/3530989.html

[jbnow]

1. What?

But the Texas attorney general's office argued that the state court's determination that Wilson wasn't mentally retarded "precludes him from making the prima facie showing (in federal court) that he is mentally retarded."

Let me get it straight. Even though he IS retarded because the almighty state cort said he was not retarded, he can't claim to be to the federal court.

Because facts don't matter?

[saigon68]

2. "Kill them All" (The Texas Motto)

"Let GOD sort then OUT

[greiner3]

3. So B*** could use the mentally retarded clause;

When he is convicted of treason? All we need to do is get the trial set for Texas and he would be fried anyway! Good thinking Texas!

[kurth]

4. People have been executed in Texas because they were innocent:

http://www.chron.com/disp/story.mpl/front/3471520.html