Current Status Bill Number:4470 Type of Legislation:House Resolution HR Introducing Body:House Introduced Date:19980122 Primary Sponsor:Knotts All Sponsors:Knotts, Seithel, Stuart, Gamble, Koon, Riser, Bauer, Limehouse, Whatley, Altman, Spearman and Fleming Drafted Document Number:jic\5013htc.97 Residing Body:House Current Committee:Invitations and Memorial Resolutions Committee 24 HIMR Subject:Death penalty cases, Federal Judiciary to issue timely orders to avoid delays; Requests, Courts, Crimes, Execution
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ House 19980122 Introduced, referred to Committee 24 HIMRView additional legislative information at the LPITS web site.
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.