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Show his TheSaltLakeTribune NATION Friday, October 8. 1999 Justices Consider Wider Right to Lawyer After Conviction c. ‘THE LOS ANGELES TIMES Exzavious Lee Gibson. In 1990, Gibson was convicted of a brutal WASHINGTON — The justices of the U.S. Supreme Court will take up a case from murder. Five years later, the Georgia ReGeorgia today that poses a stark question source Center — a state agencythat advises jawyers representing death row inmates — about the administration of the death hurriedly filed habeas corpus papers in penalty: Does the Constitution require a state to Gibson’s case andseveral others before new ing the deadlines for such provide a lawyer to an indigent death row state rulesti prisoner whocontends,athisfirst state ha- proceedings took effect. Congress had just beas corpushearing,that his constitutional cut off federal fundingfor the center, which rights wereviolated attrial? hadto lay off mostofits lawyers. So Gibson was on his own when he apIn the landmark 1963 decision Gideonvs. Wainwright, the Supreme Courtruled that peared before Judge Carlisle Overstreet in all people faced with Jail, are entitled to September1996. court-appointed lawyers if they cannotafElizabeth Wells,a lawyerfor the resource ford such representation. The high court center, tried to get the judge to delay the also has held that there is a right to an at- proceedings to allow timefor the center to torney for the direct appeal of a conviction, get Gibson an attorney. The judge urged which is limited to a*review of the trial Wells to step in andrepresent Gibson. Wells record. replied that she wasnot prepared and could However, the Suprerhe Court ruled a de- not handle the matter competently. The cade ago in a Virginia case that the states judge refused to granta delay. did not haveto provide counsel for habeas During the hearing, Gibson — whose IQ corpus challenges — hearings in which de- has been measured between 76 and 82 — offendants whose convictions and sentences fered no evidence, questioned no witnesses have been upheld on direct appeal can raise and raised noobjections. broader, more complicated constitutional Six months later, Overstreet upheld the issues, including whether trial lawyers verdict and sentenceagainst Gibson. Nearly performed competently. A habeas corpus two yearslater, the Georgia Supreme Court writ calls for ruling on the legality of a upheld Overstreet. prisoner's detention. The lawyers who volunteered to help ‘The case now beforethe court involves Gibson after his habeas hearing Joseph Blankfort and Courtland Reichmannof At lanta — contend that the case they are bringing to the Supreme Court distinct from the Virginia case in which the court ruled that counsel need not be provided. Inthat case, Justice Anthony Kennedy who cast a critics i vote for the majori that key to his decision was that Virginia law providedfor appointed counsel andthat all death row inmates there had gotten attorneysfortheir habeas hearings. Georgiahas nosuch law. The effort to get the Supreme Court to review Gibson's case is receiving support from the American Bar Association, the National Association for the Advancement of Colored People's Legal Defense and Edu cation Fund and the Atlanta-ba ern Center for Human Rights cializes in death-penalty appe: groups maintain that Gibson’s case has broadramifications. They say that without a lawyer, the ancient writ of habeas corpus is rendered virtually meaningless. Moststates provide counsel for indigent defendants at habeas hearings, either be causeof court rules or by statute. The Mis: sissippi SupremeCourt recently ruledthat there is a constitutional right to such representation. ‘Thereality[is] that indigent death-row inmatesare simply not able, on their own, to competently engage in this type of litiga tion.” the Mis ippi justices said “Applications for post-conviction relief of ten raise issues which require investiga tion, analysis andpresentation offacts out e the appellate record. The inmateis confined, unableto investigate, and often without training in the law or the mental ability to comprehend the requirements of remedy.” Butthe Geor; otherw: withthi Sosa Court wentthe ig 'y general t not “fundamentally unfair” to deny 01 a seietunded lawyerat this stage of his “We do not say that a law providing state-funded counsel to indigent death-row habeaspetitioners lacks me it In fact, such a law might be good policy,” the majority said. But enactment of such a law is for the legislatureto do, not ju the court con. cluded. If the Supreme Courtagrees to take 3ibson’s case, there will be a full review of the right-to-counsel issue. Ifit declines to take the thenhis lawyerslikely would raise constitutional challenges to his con viction andsentence in federal habeas proceedings. But that effort couldbein vain. not contribute to that fire. About don’t know that we will see any compelling need” for House hearings. Armey’s comments and recent remarks by other congressional Republicans are a sharp change from last month, when partyleaders thundered that new revelations about the government's use of force against the Branch David. jans required in-depth congres: sional hearings and Atty. Gen. Janet Reno's resignation. In the House, where Democrats only need to pick up six seats to wincontrolin next year’s election, some Republicans grew nervous that yet another investigation of the Clinton administration might backfire with voters. There is more enthusiasm in the Senate for new investigations of Reno's agency. But the focus on Wacohas been diluted by other complaints against the Justice Department thatit botched ar ieatetion of Chinese espionage charges and muddied infighting. by Republican gators expect to receive more than partments within a week in response to a subpoena. Burton did not respond to a request for com. ment Thur: The revel ions that sparked the furor include the FBI's admisSion that its agents fired poten: tially flammabletear-gas canis: ters at the compound April 19, 1993, which the agency long de nied. The FBI says the canisters, launched hoursbefore thestart of pensive for gun manufacturers and dealers. But he said, goingtoerr onthesideofsafety. If that costs more money,thenthat's the way it is.” Each business day, Atlanta based UPS delivers 12 million packagesviaits trademark brown trucks and brown-uniformed em Chairman Orrin Hatch, R-Utah, wanted his panel to handle it. In- stead, Lott last month announced Ralph Radford a task force led by Sen. Arlen Specter, R-Pa., a Judiciary Com- Extra-Large Coffee, to Go mittee member, that would inves- take over the investigation. In an 4 Democrats’ participation. The Senate’s momentum also wasstalled a turf battle between Specter and Danforth, a highly respected former GOP sen atorfrom Missouri. In two letters to Hatchand Sen cturerwill continue to ship with UPS, but the increase in cost will who a. Flu Bug Unlikely to Bite Harder This Season Contraryto s reports, the coming flu season is not expected to ar nore severe, orless severe year forflu,” hesaid, adding that be a KNIGHT RIDDER NEWSPAPERS ve earlier or be more ferocious than normal, the nation’s top flu watchdog said Thursday Widespread reports this week said a summer flu outbreak aboard an Alaskan cruise ship meant the sometimes-deadly bug there were no recommendations for early vaccinations. This summer's outbreaks there were oth onan East Coast cruise ship Oklahoma, Florida and Texas are “interesting and important,” people to get their flu shots earlier than normal Such summer cruise ship out also obtained by The Associated ily signal a vicious flu season, said Keiji Fukuda, a Centers for Dis structed the Texas Rangers “not to ease Control official responsible consent to interviews or searches for national ofevidence by Judiciary Commit tee staff.” surveillance, influenza said 130 Glock gunsbeing shipped via UPS were stolenfrom aserie: Americans over65 get their rec ed flu shots, just 50 per omm cent of black Americans and 58 percent of Latino Americans in the same age group get vaccinated that flu may be moving heyond traditional seasonal boundarie ‘ound flu season, hepredic ased off-season outbreaks. “We really have to keepon guard forthe appearance of theseviruses and their ability to sweep around older Americans are not getting annual flu vaccinations. The lack of vaccination is espe While 67 percent of white Me RL Se Aae Visit our web site or call us loll [ree See Te 1-888-777-2222 * 1 One Bulb Burns aiken con DOMESTIC 140 STINATION 173 $187 $168 173 Chicago . TRY IT FOR YOURSELF FOOTHILL FITNESS Omu ie ee ema aly (e)gua) 10-6 Mon-Sat. rake on 7200 Ms 566-7446 Sample Dt “If it will cut out thetheft prob lems,it will be a goodthing,” Jan nuzzo said. Black couldn't sayhi many guns havebeen stolen fron the UPS ground system in the past [cicte LichTs! the world,” said Fukuda. The like. lihood of large outbreaks is in creased, he said, because many eae DESTINATKC of shipments. IN-STOCK NOW! cially acute among minorities. “T can't confirmthis is going to federal investigators Fukuda said, because they hint would sweepthrough the country aks have been occurring for al years and do not necessat Research shows that using a total-body Cross-T provides the maximumcaloric burn with a lower perce exertion, which can help deliver results faster works at U.S. ‘headquarters in Sept. 17 letter complained about Specter agreedto back off until the endof October. utors to dealers, Chamberssaid. Paul Jannuzzo, vice president lock Inc., said the gun manu be pai ed on to dealers. too substantial to absorb,” prematurely this fall and require said he hadin. turers to distributors and nearly all firearms shipped from distrib- Dean Date, left, and Mike King on Thursday moveoneofthe 10 fiberglass coffee mugs that are on ter's staff was interviewing wit nesses in violation of an agree: ment Danforth had struck with the Judiciary Committee. The interference. In the Sept. 21 letter, ployees. UPS handlesupto 75 per cent of guns sent from manufac new coffeeline. The mugswill be donated to ArtSpace Resourcefor fund-raising purposes. display on Seattle streets. The 5-foot-tall mugs were designed by Seattle artists in celebration of a cotted the task force as anotheri astringof “partisan witch hunts.” Faced with such opposition, Hatch has madeanotherpitch to spokesman shipping byair will be more ex Senate Judiciary Committee tigate the espionage charges as a first priority. Waco would be secondary, along with charges of Democratic campaign fundraisingabuses. Democrats preemptively boy what we're trying to Robert Godlewski. Godiewski acknowledged that 2 Wit ! Workout Available! 484-9489 where packages are handled by fewer people and stay in the sys- said another More Than 2 Years In The Making Millions Of Dollars IN Development The Most Complete: Cardiovascular. 2350 §.-Poothill Dr UPS’ Next Day Air service is a separate, more controlled system ship long guns, rifles and shotguns by ground. Thoseguns are not as attractive to thieves as handguns, selves over the investigation’s scope and proper venue. Press, Danforth falling into the wronghand: Allentown, Pa., which reported the new UPS policy in a story pub Since then, Senate Republicans have been feuding among them- Patrick Leahy of Vermont, the committee's ranking Democrat, Danforth complained that Spec- a million Waco-related documents fromthe Justice and Defense de- a tremendous issue of con cern to oursociety,” UPS spokes. man Norman Black said. “Society is concerned about these weapons bers told The Morning Call in made him doubt the conclusion that the Branch Davidians, and not the FBI,started thefire. has promised to move aggres: His investi. will ship handgunsonly whichcosts threeto four timesas much as groundservice. “This has become more than lished Thursday. The company will continueto Senate Majority Leader Trent Lott, R-Miss., agreed that congressional investigators should “do it in the broadest possible way.” He said the revelations the probe would have more bility if it were done by a judi ciary Committee panel with the ely with hearings. ments through its Next Day Air service, “That's than the independent prosecutor’s: “I want to knowit all.” Rep. Mark Souder, R-Ind. berof the House panel investigating Waco. Heprefers postponing hearings until spring. “There’s a feeling that the political risk may be higher than the politic pursuing this subject at this time. jovernment Reform Committee Chairman Dan Burton, R-Ind., based UPS which handles the vast majority of firearms ship: for alternative methods,” Cham. 80 Davidians died that day. OnSept. 9, the day after Reno announced Danforth’s appointment, Armey said he wanted the House probe to be more sweeping The Associated Press, Hatch ing thestep to help prevent thefts of weapons, Beginning Monday, Atlanta come to grips with. We're looking pound, bounced harmlessly off the roof of a nearby bunker and did Oct. 5 letter to Specter obtained by “There's Wacofatigue,” ASSOCIATED PRESS stitute, said overnight delivery costsabout $25 more per gun. jority Leader Dick Armey said fiery end to the standoff is fizzling. Expressing confidencein inde- THE ATLANTA United Parcel Service said Thursdayit will stop delivering handguns throughits regularservice, saying it was tak rector of the Sporting Arms and Ammunition Manufacturers’ In: the fire that consumed the com- pendent investigator John Danforth, Armey told reporters, ‘I Company hopes change will help reducetheft tem foronlyonenight, he said. Jim Chambers, executive di. THE ASSOCIATEDPRESS WASHINGTON — House Ma- GOP's zeal for reinvestigating the Of Handguns [state habeas law]. Theinmateis ineffect denied meaningful access to the courts by lack of funds for this state provided House Leader Changes Course, Says Waco Probe Not Needed Thursdayheno longersees a need for fresh hearings on the 1993 Waco siege, a new indication the UPS Will Stop Ground Delivery Se eerenrens remy I ae Ca Lok |
