Wednesday, June 20, 2012
Update
To All My Friends:
I am writing to let you know I was notified yesterday that I lost my direct appeal. Of course the news was devastating and immediately tossed me into a chaotic storm of confusion. A deep, deep sadness, rarely felt before, immediately blanketed my heart and spirit. I really needed strength from another world and a special touch from the Lord. After some time in prayer and reflection, I felt God's grace and comfort and strength and He again filled my heart with faith and hope.
I appreciate very much all the love you have shown me and the support you have given throughout these long 4.5 years. More than anything I am so very grateful for the prayers you offered up to the Lord on my behalf. Whenever I should come to mind in your thoughts, please take that time to pray for my daughters, Shayne & Shelby, and my parents as well. Their lives have been the most affected by my failures, shortcomings, and choices.
At this point there are still numerous options. But the mountains are much taller and larger and harder to scale. I know God is able and in no way has the decision clouded my perspective of His miracle working power. Though I am confident in His interventions in our lives and stories, I have zero confidence in the U.S. Justice System. Something horrible has gone awry in this country and the system is no longer about fairness, the truth, nor about justice. Something is amiss. For further insight on this, I encourage you to read the Amanda Knox blog on my blogsite.
In closing, I would never wish an experience like this on any other person or family and I pray that no one I know would ever be subjected to such an ordeal and the interruptions a saga like this brings to one's life, one's mind, one's spirit and one's family. In the coming days I will write in greater detail about the above on my blog. Again thanks for your love, support and prayers.
With Much Love,
Steve
ps. Feel free to forward to any mutual friends.
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Steve,
ReplyDeleteI'm truly sorry that you lost your appeal. I feel that 4.5 years is more than enough to pay for such a crime. We are airing a special series on the 700 Club this week called "A Nation of Criminals". We have a ridiculous number of people in prison (there are volumes and volumes of crimes passed by govt. regulators and congressmen trying to look tough on crime!) now compared to other countries. America has more in prison that China and Russia combined!
I pray these other options work out for you. Just remember many great works of literature were written in prison or while people were temporarily "benched"-- Watchmen Nee, John Bunyan, Catherine Marshall to name a few of the great writers . . . and Martin Luther even translated the Bible into German while in prison! Use your time wisely. Why not write your autobiography?
Many blessings--Matt and I believe in God's redeeming love, power and grace to restore you in every way!
Lori
Steve,
ReplyDeleteIt is Time to start your book purposal. Are you able to write a book purposal If you google one? Your life is a blesing to many and will continue to be......heres a google pull
EDIT PASTE: NOT THAT THIS TOTALLY PERTAINS TO YOU - HOWEVER I BELIEVE YOU CAN APPEAL...I could be wrong....read at the end
Optional Appeals: State Supreme Court and Federal Court
State Supreme Court
A defendant sentenced to death has the right to present two separate kinds of appeal to the state Supreme Court.
In a "direct appeal," the defendant can present any legal issue raised during the trial, as well as certain new constitutional claims that were not raised at trial. Such claims might include challenges to the trial court's exclusion of evidence or jury instructions, or objection to arrest and search procedures.
In a "collateral challenge," most commonly filed in the form of a personal restraint petition, the defendant can raise claims that were not addressed in a direct appeal. Claims might include allegations that a witness committed perjury, that the state withheld evidence tending to show that the defendant was innocent of the crime, or that the defendant had ineffective assistance of counsel. In a collateral challenge, the burden is on the petitioner to prove that the actions caused actual and substantial prejudice to the defendant's case.
A case in which the defendant has prevailed on direct appeal or on a collateral challenge may be returned to the trial court for further proceedings. This may include a new sentencing proceeding or an entirely new trial. A defendant who does not prevail in the state Supreme Court may ask the U.S. Supreme Court to consider any claims pertaining to the U.S. Constitution.
Federal Court: U.S. District Court and the Court of Appeals
A defendant who loses a direct appeal or collateral challenge in state court may file a federal habeas corpus petition in the U.S. District Court located in the district in which the crime occurred.
In order to raise a constitutional claim in a habeas corpus petition the defendant must have previously presented the claim to the Washington Supreme Court. In addition, under the Anti-Terrorism and Effective Death Penalty Act passed by Congress in 1996, the federal court can only find for the defendant on a habeas corpus claim where the state court's decision was contrary to, or an unreasonable application of, a previous
U.S. Supreme Court decision on the same issue.
A defendant who loses a habeas corpus claim in U.S. District Court can seek permission to appeal the decision to the Court of Appeals. If permission is granted, the District Court's decision is reviewed by the 9th Circuit Court of Appeals. The non-prevailing party in a case heard by the 9th Circuit may seek further review by the U.S. Supreme Court.
The last-minute filing of a habeas corpus petition does not, in and of itself, prevent a scheduled execution from taking place. In order to stop a pending execution, a court must consider the petition and issue a stay of execution. Stays are intended to allow sufficient time for the court to consider the issues raised in the petition.