[Deathpenalty] death penalty news----TEXAS, MO., ARIZ., CLAIF., USA

[Rick Halperin]

April 27



TEXAS----impending execution

Court again refuses to stop Texas execution



A federal appeals court has refused for the 2nd time in as many days to stop 
the scheduled execution of a man condemned for fatally stabbing a Texas 
corrections officer more than 15 years ago.

The 5th U.S. Circuit Court of Appeals Friday rejected an appeal from 
35-year-old Robert Pruett. He's set for lethal injection Tuesday evening in 
Huntsville for the December 1999 slaying of 37-year-old Daniel Nagle, an 
officer at the McConnell Unit prison near Beeville.

Pruett's attorneys argue he's innocent, that prosecutors improperly withheld 
evidence and failed to properly preserve evidence that could exonerate Pruett. 
The appeals court disagreed.

Testimony showed Pruett was angry about a disciplinary report from Nagle. At 
the time, Pruett already was serving a 99-year sentence for a 1995 Houston-area 
slaying.

*****************

High court refuses appeal of Salvadoran on Texas death row



The U.S. Supreme Court has refused to review the appeal of a Salvadoran man on 
Texas death row for the slayings of two store clerks in Houston 15 years ago.

The high court offered no explanation for its decision Monday in the case of 
45-year-old Gilmar Guevara.

Lower courts have rejected claims Guevara's legal help at his Harris County 
trial in 2001 was deficient and that his mental impairment made him ineligible 
for the death penalty.

Guevara was condemned for fatally shooting 48-year-old Tae Youk and 21-year-old 
Gerardo Yaxon during an attempted robbery in 2000. Youk was from South Korea. 
Yaxon was from Guatemala.

No money was taken from their store.

Guevara also confessed to killing an apartment security guard hours after the 
double shooting to steal the guard's gun.

(source for both: Associated Press)

*****************

Executions under Greg Abbott, Jan. 21, 2015-present----6

Executions in Texas: Dec. 7, 1982----present-----524

Abbott#--------scheduled execution date-----name------------Tx. #

7-----------Apr. 28-------------------Robert Pruett--------525

8-----------May 12--------------------Derrick Charles------526

9----------June 3--------------------Les Bower------------527

10-----------June 18-------------------Gregory Russeau------528

(sources: TDCJ & Rick Halperin)








MISSOURI:

Appeals court turns away Missouri death row inmate appeal



A federal appeals court has upheld the death sentence for a man convicted of 
raping and killing a 15-year-old Kansas City girl in 1989.

The ruling Monday by the 8th U.S. Circuit Court of Appeals affirmed a lower 
court decision rejecting Roderick Nunley's argument that he had the right to be 
sentenced by a jury instead of a judge.

Nunley was 1 of 2 men who pleaded guilty and received the death penalty in the 
death of Ann Harrison. She was waiting for a school bus in front of her home 
when she was abducted

Michael Taylor was executed for the same crime in February 2014.

The appeals court ruled that Nunley was not entitled to a new sentencing 
hearing because he waived jury sentencing when he pleaded guilty.

(source: Associated Press)








ARIZONA:

Court consideration challenge that Arizona's death penalty law too broad, 
applied arbitrarily



A judge has scheduled a May 8 hearing for arguments on a challenge that 
contends Arizona's death penalty law is unconstitutionally arbitrary.

The Arizona Republic (http://goo.gl/wf0EuA) reports that the challenge contends 
the law is unconstitutional because it lists numerous possible circumstances 
when the ultimate penalty could apply, giving prosecutors too much leeway.

The motion being considered in Maricopa County Superior Court cites a 1972 
ruling in which the U.S. Supreme Court said states' laws must distinguish 
between cases for which a death sentence can be sought and ones in which it 
can't.

Arizona's so-called "aggravated factors" that could make a defendant subject to 
a possible death sentence have gradually increased to 14. According to the 
defense motion, nearly all 1st-degree murder cases now fit under one factor or 
another.

(source: Associated Press)








CALIFORNIA:

California high court overturns death penalty



The California Supreme Court has overturned a Redding man's death sentence.

The high court ruled Monday that Paul Gordon Smith Jr. didn't receive a proper 
sentencing trial. The unanimous court said an expert was improperly barred from 
testifying that Smith would be less of a danger to escape on San Quentin's 
death row than he was in the Shasta County jail awaiting trial. The jury was 
told of Smith's several attempts to escape from jail and violent attitude 
toward guards. A prison expert was barred from telling the jury that security 
is tighter at San Quentin.

Smith was convicted of torturing and killing 20-year-old Lori Sinner during a 
1998 camping trip. The court upheld Smith's murder conviction. Smith could face 
another penalty-trial or be sentenced to life in prison.

(source: Associated Press)








USA----female may face death penalty

Indiana woman indicted in Aliamanu murder probe



An Indiana woman indicted on suspicion of an Oahu murder is expected to appear 
in an Indiana court on Monday.

The FBI says a Honolulu federal grand jury indicted 24-year-old Ailsa "Lisa" 
Jackson on 1st-degree murder charges.

In November, 38-year-old Catherine Walker was found stabbed to death in her 
home on the Aliamanu Military Reservation. She was an Army soldier's wife.

The FBI says Jackson is a civilian. If found guilty she could face the death 
penalty.

(source: KITV news)