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Do these death row inmates have legal options to avoid execution? State AG’s office and defense attorneys disagree

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The state and attorneys representing two men on death row are in conflict about whether legal options still exist for them to challenge their convictions or to proceed with their executions.

In court documents, attorneys from Attorney General Lynn Fitch’s office said Willie Jerome Manning and Robert Simon Jr., who have each been on death row for 30 years, have exhausted their legal options at the state and federal level, so it’s time to set their executions.

But attorneys representing them from the Office of Post-Conviction Counsel disagree, saying the men’s post-conviction relief petitions are still making their way through the court system and note that the Supreme Court, by law, is not required to set an execution if there is pending litigation.

“If a death-row inmate whose state and federal remedies have been exhausted could create an impediment to setting an execution date simply by filing another successive PCR motion, the State could never carry out lawful death sentences,” Fitch’s office wrote in its motion to set Manning’s execution.

On Monday, a spokesperson from Fitch’s office cited statute and case law, saying those determine the number of appeals a person is entitled to, and the courts ultimately decide whether someone has exhausted all of their legal remedies.

It would appear the court and even the AG’s office already did decide these two death row inmates haven’t exhausted them.

Last week, all nine justices of the Supreme Court agreed that it would not set Manning’s execution date until his post-conviction relief petition is reviewed. With the state’s Dec. 29 deadline to respond to Manning’s petition and his attorney’s 15-day deadline to respond, the earliest his execution could take place is mid January 2024.

In an April hearing for a federal lawsuit challenging the state’s lethal injection protocol that Simon has joined, the state recognized Simon was pursuing post-conviction relief.

“Until that habeas (post-conviction) petition is filed and resolved, the State would not move for execution in his case,” Special Assistant Attorney General Gerald Kucia told U.S. District Judge Henry Wingate.

A spokesperson for the attorney general’s office did not comment specifically about how attorneys from the office determined that dates should be set for Manning and Simon despite ongoing legal action.

One remaining avenue for relief is clemency from Gov. Tate Reeves, who during his first term in office has not granted it to anyone. 

Robert Simon is on death rwo for capital murder in the killing of the Parker family in Quitman County. Credit: Courtesy of MDOC

Simon, now 60, was convicted with co-defendant Anthony Carr, who is also on death row, of killing the Parker family in Quitman County in 1990. Simon and Carr broke into the home of Carl and Bobbie Jo and their two children while the family was at church. They shot the family members when they returned home and set the house on fire.

Simon and Carr received death sentences for killing the Parker parents and 12-year-old Gregory. Simon was separately convicted for the murder, kidnapping and sexual battery of 9-year-old Charlotte and received a life sentence.

In October, the Mississippi Supreme Court appointed the attorneys from the Office of Post-Conviction Counsel to represent Simon, and his attorneys said he has a constitutional right to effective assistance of post-conviction counsel and to file a successive petition for relief because his previous post-conviction legal team was ineffective.

Over the years Simon has had multiple attorneys, including one who was disbarred. Others moved out of state or no longer work on capital murder cases.

His attorneys say previous legal teams didn’t retain an expert to evaluate Simon’s mental health and they failed to seek funding for a proper post-conviction expert to delve into Simon’s history of trauma, head injuries and exposure to toxins.

Experts were also not hired to determine whether Simon is intellectually disabled under the U.S. Supreme Court case Atkins v. Virginia, which prevents the execution of intellectually disabled people, according to court records.

He had previously been scheduled to be executed in May 2011, but a federal appeals court ordered a stay to determine whether Simon was mentally incompetent from a brain injury and memory loss from a fall, according to court records. The Mississippi Supreme Court later rejected Simon’s claim.

Simon’s attorneys on Nov. 21 filed a successive petition for post-conviction relief and raised claims about his mental competency and whether he can be executed, ineffective post-conviction counsel and a lack of experts to evaluate his mental health and present potential mitigating evidence.

“Simon has never had the opportunity to challenge the ineffectiveness of post-conviction counsel—until now,” the petition states.

Based on the claims raised, Simon’s attorneys are asking for his death sentence to be reversed. 

Willie Jerome Manning is on death row, convicted of killing Mississippi State University students Tiffany Miller and Jon Steckler in 1994. Credit: Courtesy of MDOC

Manning, now 55, was convicted of shooting Mississippi State University students Tiffany Miller and Jon Steckler in 1994. He has maintained his innocence.

Two days after asking for an extension to respond to Manning’s September post-conviction relief petition, Fitch’s office asked the Supreme Court to set an execution date and dismiss his successive petition.

Manning’s attorneys said in court records that state law provides a remedy for newly discovered evidence, and that the state was wrong to say that the statute prohibits successive post-conviction relief petitions.

His petition documents discoveries of new evidence about recanted and testimony by witnesses and questionable firearms evidence used in his case.

Manning has been allowed to test additional DNA and run additional analyses since 2013, when a stay was ordered for his execution, but in court documents the state argues that those results have been inconclusive and he is now exhausted his legal options.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

An ad supporting Jenifer Branning finds imaginary liberals on the Mississippi Supreme Court

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mississippitoday.org – Bobby Harrison – 2024-11-24 06:00:00

The Improve Mississippi PAC claims in advertising that the state Supreme Court “is in danger of being dominated by liberal justices” unless Jenifer Branning is elected in Tuesday’s runoff.

Improve Mississippi made the almost laughable claim in both radio commercials and mailers that were sent to homes in the court’s central district, where a runoff election will be held on Tuesday.

Improve Mississippi is an independent, third party political action committee created to aid state Sen. Jenifer Branning of Neshoba County in her efforts to defeat longtime Central District Supreme Court Justice Jim Kitchens of Copiah County.

The PAC should receive an award or at least be considered for an honor for best fiction writing.

At least seven current members of the nine-member Supreme Court would be shocked to know anyone considered them liberal.

It is telling that the ads do not offer any examples of “liberal” Supreme Court opinions issued by the current majority. It is even more telling that there have been no ads by Improve Mississippi or any other group citing the liberal dissenting opinions written or joined by Kitchens.

Granted, it is fair and likely accurate to point out that Branning is more conservative than Kitchens. After all, Branning is considered one of the more conservative members of a supermajority Republican Mississippi Senate.

As a member of the Senate, for example, she voted against removing the Confederate battle emblem from the Mississippi state flag, opposed Medicaid expansion and an equal pay bill for women.

And if she is elected to the state Supreme Court in Tuesday’s runoff election, she might be one of the panel’s more conservative members. But she will be surrounded by a Supreme Court bench full of conservatives.

A look at the history of the members of the Supreme Court might be helpful.

Chief Justice Michael Randolph originally was appointed to the court by Republican Gov. Haley Barbour, who is credited with leading the effort to make the Republican Party dominant in Mississippi. Before Randolph was appointed by Barbour, he served a stint on the National Coal Council — appointed to the post by President Ronald Reagan who is considered an icon in the conservative movement.

Justices James Maxwell, Dawn Beam, David Ishee and Kenneth Griffis were appointed by Republican Gov. Phil Bryant.

Only three members of the current court were not initially appointed to the Supreme Court by conservative Republican governors: Kitchens, Josiah Coleman and Robert Chamberlin. All three got their initial posts on the court by winning elections for full eight-year terms.

But Chamberlin, once a Republican state senator from Southaven, was appointed as a circuit court judge by Barbour before winning his Supreme Court post. And Coleman was endorsed in his election effort by both the Republican Party and by current Republican Gov. Tate Reeves, who also contributed to his campaign.

Only Kitchens earned a spot on the court without either being appointed by a Republican governor or being endorsed by the state Republican Party.

The ninth member of the court is Leslie King, who, like Kitchens, is viewed as not as conservative as the other seven justices. King, former chief judge on the Mississippi Court of Appeals, was originally appointed to the Supreme Court by Barbour, who to his credit made the appointment at least in part to ensure that a Black Mississippian remained on the nine-member court.

It should be noted that Beam was defeated on Nov. 5 by David Sullivan, a Gulf Coast municipal judge who has a local reputation for leaning conservative. Even if Sullivan is less conservative when he takes his new post in January, there still be six justices on the Supreme Court with strong conservative bonafides, not counting what happens in the Branning-Kitchens runoff.

Granted, Kitchens is next in line to serve as chief justice should Randolph, who has been on the court since 2004, step down. The longest tenured justice serves as the chief justice.

But to think that Kitchens as chief justice would be able to exert enough influence to force the other longtime conservative members of the court to start voting as liberals is even more fiction.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

On this day in 1968

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mississippitoday.org – Jerry Mitchell – 2024-11-24 07:00:00

Nov. 24, 1968

Credit: Wikipedia

Black Panther leader Eldridge Cleaver fled the U.S. to avoid imprisonment on a parole violation. He wrote in “Soul on Ice”: “If a man like Malcolm X could change and repudiate racism, if I myself and other former Muslims can change, if young whites can change, then there is hope for America.” 

The Arkansas native began to be incarcerated when he was still in junior high and soon read about Malcolm X. He began writing his own essays, drawing the praise of Norman Mailer and others. That work helped him win parole in 1966. His “Soul on Ice” memoir, written from Folsom state prison, described his journey from selling marijuana to following Malcolm X. The book he wrote became a seminal work in Black literature, and he became a national figure. 

Cleaver soon joined the Black Panther Party, serving as the minister of information. After a Panther shootout with police that left him injured, one Panther dead and two officers wounded, he jumped bail and fled the U.S. In 1977, after an unsuccessful suicide attempt, he returned to the U.S. pleaded guilty to a reduced charge of assault and served 1,200 hours of community service. 

From that point forward, “Mr. Cleaver metamorphosed into variously a born-again Christian, a follower of the Rev. Sun Myung Moon, a Mormon, a crack cocaine addict, a designer of men’s trousers featuring a codpiece and even, finally, a Republican,” The New York Times wrote in his 1998 obituary. His wife said he was suffering from mental illness and never recovered.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

On this day in 1867

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mississippitoday.org – Jerry Mitchell – 2024-11-23 07:00:00

Nov. 23, 1867

Extract from the Reconstructed Constitution of the State of Louisiana, 1868. Credit: Library of Congress

The Louisiana Constitutional Convention, composed of 49 White delegates and 49 Black delegates, met in New Orleans. The new constitution became the first in the state’s history to include a bill of rights. 

The document gave property rights to married women, funded public education without segregated schools, provided full citizenship for Black Americans, and eliminated the Black Codes of 1865 and property qualifications for officeholders. 

The voters ratified the constitution months later. Despite the document, prejudice and corruption continued to reign in Louisiana, and when Reconstruction ended, the constitution was replaced with one that helped restore the rule of white supremacy.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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