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Potent dissent from the Sixth Circuit's denial of en banc review in Kentucky capital habeas case

By Douglas A. Berman

Sixth Circuit judge Boyce Martin has a provocative dissent to this Sixth Circuit order denying rehearing en banc in the habeas action of a Kentucky death row inmate.  Judge Martin's dissent gets started and ends this way: The rape and murder of Debbie Pooley was a heartbreaking and reprehensible act. But at Gregory Wilson?s murder trial, the state?s ignominy began. Of all the people involved in this case, only two have behaved in a manner worthy of the ideals of our justice system: the courageous Franklin Circuit Court judge who stayed Wilson?s execution; and Andrew Wolfson, the diligent Courier-Journal reporter who exposed the glaring deficiencies in Wilson?s trial.  I quote extensively from Mr. Wolfson?s article because he appears to have worked more conscientiously than many of the participants in this case, and he highlights how virtually every branch of our justice system failed ? from the judiciary, which allowed a sex scandal between a colleague of the trial judge and Wilson?s co-defendant to jeopardize the fairness of Wilson?s trial; to the defense counsel, who were woefully unqualified and left Wilson abandoned at trial...continue to full post

Full post as published by Sentencing Law and Policy on October 14, 2010 (boomark / email).