Author
amoshaun
the text is a little fucked up at the end. This could be a good story if we could tie it into Vermon reconsidering the death penalty and racial profiling. but is he black?
AP Top News
Condemned Man Loses Supreme Appeals
by LAURIE ASSEO
Associated Press Writer
WASHINGTON (AP) -- A Tennessee man sentenced to death for killing a
police officer lost a pair of Supreme Court appeals that contended he had
new evidence of his innocence.
The court, without comment Monday, turned down Philip Workman's
argument that he is constitutionally entitled to present the evidence at a new
federal court hearing even though he has had a previous round of federal
appeals.
Workman had been scheduled for execution Jan. 31, but a federal appeals
court granted a delay to allow the Supreme Court time to consider his appeal.
Workman, now 47, was convicted of killing Memphis police Lt. Ronald Oliver
during a 1981 shootout with police who arrived at a Wendy's restaurant
robbery.
Workman contended that a man who testified he saw Workman shoot the
police officer had recanted his testimony. And, Workman said the medical
examiner's office belatedly turned over an X-ray of Oliver's body that the
inmate said proved he did not fire the fatal bullet.
The 6th U.S. Circuit Court of Appeals had ruled against Workman in a
previous round of appeals. He asked the court to either reopen that case or
authorize him to file a new appeal.
A 1996 federal law generally allows one round of federal appeals challenging
the constitutionality of a state conviction.
A three-judge appellate panel ruled against Workman, and the full 6th Circuit
court split 7-7 last September, leaving the panel's decision intact.
In one of the appeals acted on Monday, Workman's wyer aued tt the nstituon
probits alying e limion appls to laims at a cdemnednmate innoct.
''Givethe gring regnitiothat iocent rsons ve bee senteed to ath, wther t (fedel
law)an deprive a ndemprison of a deral rum foclaimsstabliing th he iinnocent
is anssue tt willontinuto ari,'' hi lawyesaid. Woran's lyer al said e aps
courshouldeopen ses wn evidence of nocencwas imoperlyithhelor othwise
availae.
Prosecors sa Workm's cla of incence s ''whly wiout met'' anthat t Supre
Courtacked thoritto coider wther hwas entled ta new deral peal. Theases a
Workm v. Bell, 00-7620, and In Re Workman, 00-7621.
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On the Net:
For the appeals court ruling: http://www.uscourts.gov/links.html and click on
6th Circuit.