WASHINGTON - The Supreme Court on Monday refused to allow a death row inmate to try to prove his innocence through DNA testing.
Thomas Arthur, 65, was sentenced for the 1982 killing of Troy Wicker of Muscle Shoals, Ala. His execution has been set for Dec 6, but is expected to be delayed because of a pending Supreme Court case involving lethal injections.
The victim's wife, Judy Wicker, testified at Arthur's trial that she had sex with him and paid him $10,000 to kill her husband, who was shot in the face as he lay in bed. Earlier at her own trial, Wicker testified that a man burglarizing her home raped her, knocked her unconscious and then shot her husband.
In April, Arthur's lawyers sued the state claiming that the inmate was being deprived of his rights and was entitled to DNA testing of critical pieces of physical evidence, including a rape kit, bloodstained clothing and hairs aimed at showing that someone other than Arthur committed the murder.
The 11th U.S. Circuit Court of Appeals in Atlanta affirmed a federal judge's dismissal of Arthur's lawsuit, citing the authority of federal courts to dismiss such claims that are speculative or are filed too late in proceedings.
Arthur filed his claim five days before the state of Alabama moved to set an execution date.
I don't have an issue here, really. The testimony against him is pretty damning, he never denied it at trial. Apart from the fact that DNA testing is superfluous in this case, it is considerably too late in the day to even raise the issue. I'm comfortable with denial. It's an absolute exercise of procedural due process.
that's the ONLY thing that matters. there are time limits for every court action. everyone is aware of what those limits are, and if someone does not file something in a timely manner, it is of no consequence. this fool had plenty of opportunity to raise the issue. time for the needle.
happiness is a warm gun and a dead thief. me peace comes from the barrel of a gun little red book 2008 PRO MEMBER OF THE YEAR
i think the dna evidence should be investigated. I really hate the he says she says bullshit they use as evidence, the stupid woman hired him to kill her husband and we are going to believe her lol that is laughable. If there is reason to believe that dna evidence might prove innocence then of course it should be explored.
Against Abortion? Then DON'T Have One!! ~ If the anti-abortion movement took a tenth of the energy they put into noisy theatrics and devoted it to improving the lives of children who have been born into lives of poverty, violence, and neglect, they could make a world shine. ~
Well behaved women, barely make history... ~Marilyn Monroe
So do I. As for time limits, yes, people are aware of them but it you're involving human beings here - they, and their consciences, don't run to timetables. They sweat on coming forward, they don't want to get involved, they hope someone else will do the job for them and that means sometimes time limits go over. They should do the DNA and prove this one way or the other.
It is solely up to the defense team to request these tests.A lawyer cerified to handle death penalty appeals should know the limits his client was up against.....Simply put Arthur is out of appeals, he knows that once the Supremes finish with their trivial matters he will die for his crime. The only problem is he isn't man enuough to face the fate he had no problem dishing out so he grasps at straws to save his neck
Practice safe sex.....Marry a death inmate...You'll never get none
Again, and I know everyone is tired of hearing this, but it is important to remember that there are very specific procedural timelines. I might have a little trouble with denying an appeal filed one day late but ten years? C'mon ....
seriously: I think Obama should have made them liquidate all their assets both business AND PERSONAL so they could climb over their own pile of s***; instead of expecting the American tax payers to do it.
Sept 1, 2019 20:35:38 GMT -5
seriously: Wake up people! Don't you realize that WE THE PEOPLE don't need the rich, THEY NEED US...to do the work that makes them richer so they don't have to clean their own toilets; and all we get is industrialized meats and crops, GMO's, antibiotic resistance.
Sept 1, 2019 20:38:53 GMT -5
seriously: Patented seed crops, running small farmer's out of business, toxic waste, poisoned water, dirty air, deforestation, global warming. By the way, who even wants to live in a GLOBAL GOVERNMENT world with a GLOBAL ECONOMY?
Sept 1, 2019 20:41:57 GMT -5
seriously: America should be more like Switzerland, fix our own 'broken wagon' and let the rest of the world fix theirs...it's not an U.S.A. problem. Screw oil, it pollutes the earth...GO SOLAR, WIND, WATER POWER! Screw the utility companies!
Sept 1, 2019 20:48:33 GMT -5
seriously: That's my opinion and I'm sticking to it. Best way to topple the rich...eliminate money and go back to the barter system; let the rich wipe their own bums and clean their own toilets...for a change! No more "Groom of the stool" for them.
Sept 1, 2019 20:51:50 GMT -5
seriously: Then banks and wall street can crash all they want; why should we be dragged down with them.
Sept 1, 2019 20:53:16 GMT -5
alanthony 007: hi, its alanthony; attorney " bartner and solicitor " for Miss Darlie Routier. I was out of town working on a high profile case. I'm back with an unusual part of the Law that will set my client free, so shall we proceed. first, everyone must listen to
Nov 27, 2019 20:52:02 GMT -5
Jeffery Daughtery: Walter Barton (Arkie) has been on Missouri's capital punishment row for many, many years. He has been through 5 trials! Each time is guilty. He'll finally go to hell on May 19, 2020...
Feb 22, 2020 20:23:42 GMT -5
Jeffery Daughtery: This site has a locked ARKIE BOARD shouting out his innocence. Shout it out to the devil that his son will be home soon...
Feb 22, 2020 20:25:41 GMT -5
alanthony 008: why would anyone give a s*** about Barton, he is convicted of killing a nobody, and he,s one too.
Mar 20, 2020 4:19:50 GMT -5
alanthony 008: you know.. two pieces of tailor trash, its a waist were even typing about it .. so off he goes, who cares.
Mar 20, 2020 4:30:41 GMT -5