Criminal Law

All writs petition filed in Florida Supreme Court in the innocence case of Wayne Tompkins

Posted on December 01, 2008
? http://www.waynetompkins.us/legal/Filed_11-20-2008_Tomkins_Petition.pdfIN THE SUPREME COURT OF FLORIDA WAYNE TOMPKINS, Petitioner, v. CASE NO. SC08-___ BILL McCOLLUM, Attorney General of the State of Florida, and, WALTER A. McNEIL, Secretary, Department of Corrections, State of Florida, Respondents...

New federal order from judge Merriday - Wayne Tompkins

Posted on December 01, 2008
New federal order denying Wayne Tompkinshttp://www.waynetompkins.us/legal/OrderMerridayNov25-2008.pdf

Motion for discovery - filed in Wayne Tompkins in federal court

Posted on December 01, 2008
Federal motion for discovery filed - Wayne Tompkinshttp://www.waynetompkins.us/legal/motionfordiscovery.pdf

The federal order - Wayne Tompkins

Posted on December 01, 2008
http://www.waynetompkins.us/legal/amendedfederalorder.pdf1 Rule 4, Rules Governing Section 2254 Cases, requires a preliminary review of the petition for the writ of habeas corpus: ?If it plainly appears from the face of the petition and any exhibits annexed to it that the petitioner is not entitled to relief in the district court, the judge shall make an order for summary dismissal ...

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MOTION TO ALTER OR AMEND JUDGMENT - Wayne Tompkins

Posted on December 01, 2008
Case 8:08-cv-02212-SDM-MAP Document 12 Filed 11/19/2008 Page 1 of 17IN THE UNITED STATES DISTRICT COURTFOR THE MIDDLE DISTRICT OF FLORIDATAMPA DIVISIONWAYNE TOMPKINS,Petitioner,v.CASE NO. 8:08-cv-2212-T-23MAPWALTER A. MCNEIL, et al.,http://www.waynetompkins...

Florida Inmate Facing Imminent Execution Despite Evidence of Witness Tampering by Prosecution

Posted on November 28, 2008
http://www.waynetompkins.us/legal/TompkinsPR.pdfFor Immediate ReleaseContact: Corinne Farrellcfarrell@deathpenaltyinfo.org(202) 289-2275Tuesday, November 11, 2008Florida Inmate Facing Imminent Execution DespiteEvidence of Witness Tampering by ProsecutionDissent in Florida Supreme Court Would Grant Wayne TompkinsHearing after "Bombshell Disclosure" by Jailhouse InformantWashington, D...

Exonerated Wilton Dedge inspired Dillon

Posted on November 27, 2008
Exonerated Wilton Dedge inspired Dillon var gdn_auto_refresh = true; if (PluckGlobalControl == "0" || PluckSiteControl == "0") {gsl.enabled='false';} var min=8; var max=18; function increaseFontSize() { var p = document.getElementsByTagName('p'); for(i=0;i BY JOHN A...

The Election's Impact on the Federal Judiciary

Posted on November 26, 2008
From the Standdown blog :The Election's Impact on the Federal Judiciary http://standdown.typepad.com/weblog/ National Law Journal has a web-only article, "Election's outcome could have seismic effect on federal courts," reported by Pamela MacLean...

Florida Inmate Facing Imminent Execution Despite Evidence of Witness Tampering by Prosecution

Posted on November 26, 2008
http://www.deathpenaltyinfo.org/florida-inmate-facing-imminent-execution-despite-evidence-witness-tampering-prosecution Florida Inmate Facing Imminent Execution Despite Evidence of Witness Tampering by Prosecution Posted: November 11, 2008 in Arbitrariness Innocence What's New A Florida inmate faces execution despite new revelations that the state prompted a trial witness to lie...

State supreme court blocks ex-cop's execution date

Posted on November 26, 2008
State supreme court blocks ex-cop's execution date 12:19 PM CST on Wednesday, November 26, 2008Associated PressNEW ORLEANS -- Louisiana's Supreme Court has blocked the scheduled Dec. 8 execution of a former police officer convicted of three murders...

When this is harmless error in Florida, what is not .... Florida prosecutor`s use of SNITCHES.

Posted on November 26, 2008
Kenneth Turco testified Tompkins confided details of the murder while they were cellmates including that he buried the victim under his girlfriend?s house with some clothing and her pocketbook to make it appear she had run away. Turco said in sworn statement last week that prosecutor Michael Benito told him before he testified ?don?t forget the purse...

Florida can't cut corners in death cases

Posted on November 26, 2008
A Times Editorial Florida can't cut corners in death cases In print: Saturday, November 8, 2008 http://www.tampabay.com/opinion/editorials/article894919.ece The Florida Supreme Court has set aside the Legislature's latest and hopefully final attempt to provide death row inmates with representation on the cheap...

Innocence Project of Florida pressrelease on William Dillon

Posted on November 26, 2008
FOR IMMEDIATE RELEASE -------------------------------------------------------------------------------------------------------- November 18, 2008 PRESS ADVISORY Contacts: Seth Miller, Esq...

Supreme Court denies condemned inmate's appeals

Posted on November 26, 2008
Supreme Court denies condemned inmate's appeals http://www.abcactionnews.com/news/local/story.aspx?content_id=5a76360a-39c8-43d1-9666-5513b737f36fLast Update: 11/07 8:49 pm Wayne Tompkins will be put to death for the murder of 15-year-old Lisa DeCarr in Tampa 25 years...

Dillon free on $100,000 bond

Posted on November 26, 2008
Dillon free on $100,000 bondSentenced to life in slaying, man, family reunite after 27 yearsBY JOHN A. TORRESFLORIDA TODAY After nearly 28 years in prison, William Dillon hopes to spend the next few days making his first cell phone call, watching a DVD and eating some "real" food...

William Dillon to be released after 27 years for crime he didn?t commit - FLORIDA

Posted on November 26, 2008
November 18th, 2008 From the blog Capital Defense Weekly :William Dillon to be released after 27 years for crime he didn?t commit http://www.capitaldefenseweekly.com/blog/?p=3911 William Dillon will be released today following 27 years for a murder DNA says he didn?t commit in Breward County, Florida...

Justice Anstead, Florida Supreme Court, dissent in Wayne Tompkins

Posted on November 26, 2008
http://www.waynetompkins.us/legal/FSCopinionWaynedenied.htm For the reasons discussed above, we affirm the trial court?s summary denial of Tompkins?s fourth and fifth successive motions for postconviction relief and we - 39 - also deny his petition for all writs jurisdiction, or alternatively for writ of habeas corpus, or both...

Despite Obama Victory, Will Supreme Court Justices Sit Tight?

Posted on November 26, 2008
Despite Obama Victory, Will Supreme Court Justices Sit Tight?Tony Mauro11-11-2008At her law clerks' reunion last June, Supreme Court Justice Ruth Bader Ginsburg put the word out in no uncertain terms."If anyone asks you, 'When is she retiring?'" Ginsburg said, according to several who were there, "tell them I have a great role model in Justice [John Paul] Stevens, who is going strong at age 88...

Tampa killer loses death row appeal

Posted on November 26, 2008
Tampa killer loses death row appeal By Colleen Jenkins, Times staff writerIn print: Saturday, November 8, 2008 http://www.tampabay.com/news/courts/article895167.eceTAMPA ? A month after issuing a stay of execution for Wayne Tompkins, the Florida Supreme Court on Friday denied the death row inmate's latest round of appeals...

How Florida Supreme Court cares about prosecutorial misconduct and wrongful convictions

Posted on November 26, 2008
http://www.waynetompkins.us/legal/Filed_11-07-2008_Opinion.pdfTompkins?s Motion for Relinquishment of Jurisdiction for Consideration of New EvidenceFinally, we address Tompkins?s most recent allegations set forth in his motion for relinquishment filed in this Court on November 3, 2008...

Obama and the death penalty

Posted on November 26, 2008
From the blog Capital Defense Weekly :Obama and the death penalty A quick primer on Obama in the death penalty that appeared some time ago in the Washington Post. ?In a nutshell: He?s pro-death penalty but he is also pro-let?s not execute the wrong guy? Five years later, Obama waded into a complex capital-punishment debate after a number of exonerations persuaded then-Gov...

Florida Supreme Court denies to relinquish in the prosecution/snitch issue - The wrongful conviction case of Wayne Tompkins

Posted on November 26, 2008
http://www.waynetompkins.us/legal/Filed_11-04-2008_Order_Relinquish.pdf~upreme ~ourt of jflorfba TUESDAY, NOVEMBER 4, 2008 CASE NOS.: SC08-992 & SC08-1979 Lower Tribunal No(s).: 84-CF-OI0538 WAYNE TOMPKINS vs. STATE OF FLORIDA Appellant(s) Appellee(s) The Court having considered the motion to relinquish and the response thereto with the exception of the stricl(en footnotes 1 and 2, which are expressly not considered, hereby denies the motion to relinquish...

The Troy Davis filings to USSC

Posted on November 26, 2008
Docket: 08-66Case name: Davis v. GeorgiaIssue: Whether the Eighth and Fourteenth Amendments prohibit the execution of a defendant with substantial evidence supporting an innocence claim. Opinion below (Supreme Court of Georgia) Petition for certiorari Brief in opposition Brief amicus curiae of the Innocence Project (in supporter of the petitioner)

MOTION FOR RELINQUISHMENT of JURISDICTION FOR CONSIDERATION OF NEW EVIDENCE

Posted on November 25, 2008
http://www.waynetompkins.us/legal/Filed_11-03-2008_Motion_Relinquish.pdf 2008-11-0308;48 McClain &McDermott, 954564-5412 » P1/22 \, , IN THE SUPREME COURT OF FLORIDA CASB NOS. SC08-992 , SC08-1979 WAYNE TOMPKINS I Appellant, v. STATE OF FLORIDA, Appellee...

Prosecution used snitch testimony to get a DP conviction - The innocence case of Wayne Tompkins

Posted on November 25, 2008
Kathy Stevens? deposition occurred on June 12, 1985. Kenneth Turco?s deposition occurred on July 15, 1985.At thattime, he said that in late June, 1985, he first talked to WayneTompkins about his case, and that about a week and a half beforethe deposition, Mr...

Kathy Stevens testimony changes and is not consistent with the facts

Posted on November 25, 2008
Benito first called Kathy Stevens on March 7, 1985. Thiswas two days after Barbara DeCarr?s March 5th deposition in whichshe indicated she went to Mr. Tompkins? mother?s house at?approximately 9:00 am.? (DeCarr depo. at 16). In her undatedstatement, she further indicated that Mr...

Conflicting testimony from Barbara de Carr and what did prosecutor Benito do?

Posted on November 25, 2008
For over a year after this police report was dated, Mrs. DeCarr maintained that Lisa had run away.This was documented bynumerous police reports.Det. Gullo logged calls from Mrs. yesterday (24th). Thinks child may be pregnant.? Similarly,records from the Missing Child organization indicated thatBarbara contacted the organization on March 29, 1983, andreported Lisa as missing, saying, ?She may be on drugs and shemay be pregnant...

What if the bones in the garden are NOT Lisa de Carr`s remains? - The case of Wayne Tompkins

Posted on November 25, 2008
First, this Court overlooked Mr. Tompkins justification for DNA testing. He argued that the DNA testing of the bone identified as the remains of the victim could determine definitely whether the remains were those of Lisa DeCarr. See Reply/Cross-Answer at 32 ("if the DNA testing of the bone, hair or other organic material established that the decedent was not Lisa DeCarr, Mr...

Troy Davis Granted Stay of Execution

Posted on November 24, 2008
From DPIC Troy Davis Granted Stay of Execution Troy Davis (pictured) was to be executed in Georgia on October 27. On October 24, he was granted a stay of execution by the U.S. Court of Appeals for the 11th Circuit, a federal court that reviews habeas corpus petitions from prisoners in Georgia...

11th Circuit Raises Big Questions by Delving Into Death Row Case

Posted on November 24, 2008
http://www.law.com/jsp/article.jsp?id=120242618790311th Circuit Raises Big Questions by Delving Into Death Row CaseAlyson M. PalmerFulton County Daily ReportNovember 21, 2008When the U.S. Supreme Court last month refused to hear the case of Troy Anthony Davis, whose claims of innocence had delayed the lethal injection he was to undergo for killing a Savannah, Ga...

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