Defendant

LOUSIANA – Upcoming execution Christopher Sepulvado-February 5,2014 STAYED


UPDATE FEBRUARY 3. 2014  from Helen Prejean
We’ve just received the news that Christopher Sepulvado’s execution will not proceed on Wednesday. Instead, a trial on the constitutionality of Louisiana’s hastily change execution protocol will take place on April 7. The vigil scheduled for tomorrow has also been cancelled. This is good news, at least for the moment, and more great work by the lawyers.
SUPREME COURT OF LOUISIANA

NO. 93-KA-2692
FACTS
On Thursday, March 5, 1992, defendant married the victim’s mother, Yvonne. The next day,Friday, the victim came home from school, having defecated in his pants. Yvonne spanked him and refused to give him supper. Defendant returned home from work at approximately 9:00 p.m. That night, the victim was not allowed to change his clothes and was made to sleep on a trunk at the foot of his bed. On Saturday, the victim was not allowed to eat and was again made to sleep on the trunk in his soiled clothes.
At around 10:00 a.m. on Sunday, defendant and the victim were in the bathroom, preparing to attend church services. Defendant instructed the victim to wash out his soiled underwear in the toilet and then take a bath. When the victim hesitated to do so,defendant hit him over the head with the handle of a screwdriver several times with enough force to render him unconscious.
There after, the victim was immersed in the bathtub which was filled with scalding hot water.
Approximately three hours later, at around 1:50 p.m.,defendant and his wife brought the victim to the emergency room at the hospital. At that time the victim was not breathing, had no pulse, and probably had been dead for approximately thirty to sixty minutes. All attempts to revive the victim were futile. The cause of death was attributed to the scald burns covering 60% of the victim’s body, primarily on his backside. There were third degree burns over 58% of the body and second degree burns on the remaining 2%.
The scalding was so severe that the victim’s skin had been burned away. In addition to the burns, medical examination revealed that the victim had been severely beaten. The victim’s
scalp had separated from his skull due to hemorrhaging and bruising. Also, there were deep bruises on the victim’s buttocks.
full opinion click here

Plea-bargain decision underscores right to justice


march 29, source :http://www2.journalnow.com

For those fortunate few who’ve never been exposed to the criminal justice system, it might seem odd to learn that more than 90 percent of all criminal convictions in federal and state courts are the result of plea agreements with prosecutors.

Because of the crushing volume of cases, the courts would not work without the use of “plea bargains” that avoid the necessity of time-consuming trials.

Now come two rulings by the U.S. Supreme Court that underscore what should be obvious: Defendants have a constitutional right to effective counsel by their attorneys when considering plea negotiations, the Journal’s Michael Hewlett reported. The rulings are expected to change the way pleas bargains are handled, which may mean more work for defense attorneys but perhaps a better system of justice overall.

The revelation of so many wrongful convictions in recent years makes the idea that defendants have a right to a clear understanding of any plea offer a no-brainer — and long overdue. Criminal defense lawyers should be expected to do a thorough job briefing their clients when prosecutors offer plea bargains.

“This could affect every defendant in the system,” Ron Wright, a professor at Wake Forest University School of Law, told the Journal. It won’t bring the system to a halt, he said, but defense attorneys likely will have to file more paperwork and take more time to ensure their clients get the right legal advice regarding plea offers. That’s a worthy goal.

In one of the cases the high court ruled on, Anthony Cooper rejected a plea offer because his attorney told him that prosecutors could not prove the crime. He was sentenced to 30 years in prison instead of the seven years he could have received under the plea.

Cooper’s attorney “had no business practicing criminal law if he didn’t know better than that,” Pete Clary, Forsyth County’s public defender, told the Journal. Clary said defense attorneys have an ethical obligation to present all plea offers to their clients and advise them accordingly.

Forsyth County District Attorney Jim O’Neill said plea offers are written down and placed in the public court file, and the defendant is informed of the plea offer in open court.

If that is accompanied by a defense attorney’s consultation with his client on the pros and cons of the offer, then the defendant has been treated fairly and equitably by our system of justice. That should be a given