j u s t c r i m

"possibly retarded prisoner faces execution" | texas

Video from Death Row: Possibly Retarded Prisoner Faces Execution - Renée Feltz | November 24, 2009 | Enterprise

"The Texas State Board of Pardons and Paroles on Tuesday rejected clemency for Bobby Wayne Woods, a man who may be mentally retarded. The Texas Observer has been following his appeal because his attorney, now disqualified from handling death penalty cases, failed to provide Woods with adequate legal council. There is also evidence that Woods is not fit to be executed under a 2002 Supreme Court ruling that bans the execution of mentally retarded prisoners. The videos below were provided to the parole board, but they decided to allow the execution to go forward. His new attorney, Maurie Levin, advises that she has filed an appeal to the Supreme Court that also includes the videos as evidence of Woods' limited capacity. If the Supreme Court rejects the appeal, Woods is scheduled to die on Dec. 3..."

that's some deficiency

Benner, Laurence A., The Presumption of Guilt: Systemic Factors that Contribute to Ineffective Assistance of Counsel in California (September, 18 2009). California Western Law Review, Vol. 45, No. 263, 2009. Available at SSRN: http://ssrn.com/abstract=1475478

" ... The most frequent deficiency in attorney performance was the failure to conduct an adequate investigation with respect to guilt or innocence..."

And that's quite a deficiency.