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Death row inmate denied relief by 7th Circuit

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An Arkansas man on death row in Indiana for killing a woman in Texas nearly 20 years ago was unable to convince the 7th Circuit Court of Appeals that he should not be put to death. Bruce Carneil Webster argues he is mentally retarded and has new evidence that would affect his sentence.

There is no question that Webster is guilty of killing the woman in 1994, the court opinion states, but Webster claims that Social Security Administration records his current legal team acquired could have changed the outcome of his trial. He applied for the benefits before the crime was committed, and it shows that Webster scored under 60 on an IQ test. Webster had presented other evidence at his trial that he is mentally retarded, but the prosecutor presented evidence that Webster is not retarded and trying to use the diagnosis to get out of the death penalty.

Webster originally sought relief in the Fifth Circuit Court of Appeals under 28 U.S.C. Section 2255, but they were denied. He then sought collateral relief under Section 2241 in federal court in Terre Haute, where he is incarcerated. Judge William Lawrence of the Southern District of Indiana denied his petition, finding it is blocked by Section 2255(e). Lawrence found Webster’s own failure to present the SSA evidence does not demonstrate statutory inadequacy or ineffectiveness.

“We agree with that conclusion. Taken in the light most favorable to Webster – which is to say, on the assumption that the evidence is “newly discovered” and might have affected the jury’s evaluation — the arguments now presented tend to impugn the effectiveness of Webster’s former lawyers but not of §2255. The trial, the direct appeal, and the proceeding under §2255 offered opportunities to use the evidence that Webster now seeks to present. That Webster’s legal team did not take (full) advantage of those opportunities does not demonstrate a flaw in the statute,” Judge Frank Easterbrook wrote in Bruce Carneil Webster v. John F. Caraway, Warden, United States Penitentiary, Terre Haute, 14-1049.

“No court of appeals has deemed §2255 ‘inadequate or ineffective’ just because counsel failed to take maximum advantage of the opportunity it extends. … Webster does not persuade us to change course,” he wrote.

Webster has long known of the “newly discovered” evidence, Easterbrook pointed out, and his trial lawyer knew about it, but appears he did not simply follow through on obtaining it. And the Social Security records would not facilitate a new line of defense, the judges held.
 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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