H 4470 Resolution, By Knotts, Altman, Bauer, Fleming, Gamble, Koon, Limehouse, 
Riser, Seithel, Spearman, Stuart and Whatley
 A HOUSE RESOLUTION MEMORIALIZING THE FEDERAL JUDICIARY TO ISSUE TIMELY ORDERS
 IN DEATH PENALTY CASES SO AS TO ENSURE IN THE FUTURE THAT THE DELAYS
 ASSOCIATED WITH THE HANDLING OF THE GILBERT AND GLEATON DEATH PENALTY CASES DO
 NOT REOCCUR.

   01/22/98  House  Introduced HJ-2
   01/22/98  House  Referred to Committee on Invitations and Memorial
                     Resolutions HJ-2

A HOUSE RESOLUTION

MEMORIALIZING THE FEDERAL JUDICIARY TO ISSUE TIMELY ORDERS IN DEATH PENALTY CASES SO AS TO ENSURE IN THE FUTURE THAT THE DELAYS ASSOCIATED WITH THE HANDLING OF THE GILBERT AND GLEATON DEATH PENALTY CASES DO NOT REOCCUR.

Whereas, Larry Gilbert and J. D. Gleaton in 1977 murdered Ralph Stoudemire in a senseless killing; and

Whereas, Larry Gilbert and J. D. Gleaton have had two trials which resulted in two separate death sentences for both men; and

Whereas, the State Supreme Court and the United States Supreme Court have both upheld their second death sentences in 1982; and

Whereas, Gilbert and Gleaton filed their first state post conviction relief applications in 1982; and

Whereas, the State Supreme Court upheld their convictions and sentences in 1983 and the United States Supreme Court upheld their convictions in 1984; and

Whereas, Gilbert and Gleaton filed federal habeas corpus petitions in 1984 and United States District Court Judge C. Weston Houck was assigned the case at that time; and

Whereas, the United States Magistrate issued the Report and Recommendation in 1985; and

Whereas, Judge Houck issued an order denying relief in 1988; and

Whereas, in 1991 Judge Houck issued an order to vacate the 1988 order resulting in the Gilbert and Gleaton case being sent back to state court; and

Whereas, in 1991 Gilbert and Gleaton filed a second post conviction relief application; and

Whereas, in 1992 Judge Houck granted a motion to expedite the case; and

Whereas, in 1993 the United States Magistrate issued the Report and Recommendation; and

Whereas, in 1994 the state circuit court issued an order denying state post conviction relief; and

Whereas, in 1995 the State Supreme Court upheld the convictions and sentences of Gilbert and Gleaton; and

Whereas, on August 19, 1996, Attorney General Charles Condon petitioned for a writ of mandamus to force Judge Houck to issue a ruling; and

Whereas, Judge Houck issued a ruling ordering the retrial or release of these death row inmates on August 26, 1996; and

Whereas, Judge Houck issued a ruling only seven days after the writ of mandamus petition when he had the case since 1984 and granted an order to expedite this case in 1992. Now, therefore,

Be it resolved by the House of Representatives:

That the South Carolina General Assembly memorializes the federal judiciary to issue timely orders so as not to delay justice.

Be it further resolved, the members of the Senate urge Judge Houck to comply with his obligation to issue timely orders in both capital and noncapital cases and respect the rights of victims as well as defendants in all cases and remind Judge Houck that justice delayed is justice denied.

Be it further resolved that a copy of this resolution be forwarded to The Honorable William Rehnquist, Chief Justice of the United States Supreme Court, and The Honorable C. Weston Houck, Chief Judge, United States District Court, Post Office Box 2260, Florence, South Carolina 29503.