Guy spends 32 years in jail without being convicted of a crime

[Wreckem]

Today the Texas Court of Criminal Appeals sort of, at least part of the way, corrected a serious miscarriage of justice.

Jerry Hatfield, who has an IQ of 51, was convicted of murder in the late 1970s. This conviction for murder was overturned by the Texas Court of Criminal Appeals in 1980. He was never retried after the court vacated his conviction and ordered a new trial. Nor was he ever released. The Governor of Texas at the time commuted his sentence(one that did not exist) in 1983 and the guys original attorneys stopped representing him. So for ~32 years he has sat in prison without ever being convicted of a crime. He finally attracted legal help after he filed a habeas petition in 2006. Ever since, they have been trying to free a man, NEVER CONVICTED, of a crime. Well, the 5th Circuit certified a question of law to the Court of Criminal Appeals last year, and they finally answered in the affirmative, Hatfield has no conviction and has not had one since the overturning of his original conviction in 1980.

Unfortunately he is not out of jail yet, even though he has not been convicted and has no sentence. The federal courts won't grant him habeas because state law claims haven't been exhausted. So now he has has to wait until they can try to get the indictment discharged for lack of a speedy trial, after all 32+ years and not trying him is definitely a violation of the constitution of the US and state of Texas.

It shouldn't be this hard to get someone out of jail who has no conviction or sentence. I mean he has 32+ years of having multiple constitutional rights violated. He also won't be eligible for payment under Texas' wrongful conviction statute, however, he clearly has multiple federal civil rights claims against the State of Texas.

http://petitions.moveon.org/sign/injustice-in-our-texas
http://courtsandwriting.blogspot.com/2013/01/hes-been-waiting-more-than-32-years-for.html
http://www.ca5.uscourts.gov/opinions/pub/11/11-40572-CV0.wpd.pdf
http://www.cca.courts.state.tx.us/OPINIONS/PDFOPINIONINFO2.ASP?OPINIONID=24286

 

[sunzt]

 

[thraashman]

An IQ of 51? So for Texas he's an academic laureate!

 

[etrigan420]

An IQ of 51? So for Texas he's an academic laureate!

lulz.

 

[Darwin333]

Pretty irrelevant if you ask me.

What is basically your entire adult life worth to you?

 

[nehalem256]

This story is no where near as bad as it sounds

The Texas Court of Criminal Appeals overturned Hartfield's murder conviction in 1980 because it found a potential juror improperly was dismissed for expressing reservations about the death penalty. The state tried twice but failed to get the court to re-examine that ruling, and on March 15, 1983 — 11 days after the court's second rejection — then-Gov. Mark White commuted Hartfield's sentence to life in prison.

At that point, with Hartfield off death row and back in the general prison population, the case became dormant.

http://www.columbiatribune.com/news...cle_6a0e8f3e-56a2-11e2-9e0b-00127992bc8b.html

The Court of Criminal Appeals overturned his conviction in 1980.
Now this is where it starts to get hinky. Now today if there was a problem with a sentence, but no problem with the adjudication of guilt, a case could be remanded for punishment only, but back then it was all or nothing. The State asked for the CCA to reform the sentence to life, but the court said it could not. In the alternative, the State asked for leave to ask the governor to commute the sentence. In the end, after having been asked by the Matagorda County Sheriff, the district attorney, the trial judge, and the Board of Pardons and Parole, the governor did so March 14, 1983. At that point, Hartfield's appointed counsel stopped working on the case.

http://courtsandwriting.blogspot.com/2013/01/hes-been-waiting-more-than-32-years-for.html

In short. Miscarriage of justice not found.

 

[SagaLore]

Pretty irrelevant if you ask me.

What is basically your entire adult life worth to you?

Apparently a candy bar.

 

[Atreus21]

Apparently a candy bar.

hee hee.

 

[Jaskalas]

The Texas Court of Criminal Appeals overturned Hartfield's murder conviction in 1980 because it found a potential juror improperly was dismissed for expressing reservations about the death penalty.

Gov. Mark White commuted Hartfield's sentence to life in prison.

If the conviction was overturned.... how could the Gov. commute him to a lesser sentence? I would think he'd have to be released 30 years ago.

 

[Wreckem]

This story is no where near as bad as it sounds

http://www.columbiatribune.com/news...cle_6a0e8f3e-56a2-11e2-9e0b-00127992bc8b.html



http://courtsandwriting.blogspot.com/2013/01/hes-been-waiting-more-than-32-years-for.html

In short. Miscarriage of justice not found.

So you are okay with a persons constitutional rights(multiple) being violated for decades.

Guy spent 32 years WITHOUT EVER BEING CONVICTED. What likely happened was the prosecutors fought against a retrial because they were afraid his confession wouldnt make it back in so, they tried to get it commuted, but they didn't get it commuted prior to the Criminal Court of Appeals overturning the conviction, which meant the commuting of the sentence was null as there was no sentence, but everyone just acted like it was commuted so then they just ignored it. At the same time the guys defense counsel was afraid to push matters because death was already off the table and no reason to open up a new can of worms. All the while the man spent decades in jail without a conviction.

He should have been retried in 1980 or released. That is a miscarriage of justice.

 

[colonelciller]

I'd support a $25 million tax-free paycheck for every year wrongly imprisoned... same goes for anyone released from prision after being found to be innocent.

Also, innocent people imprisioned for more than 1 year should never be required to pay income or property taxes ever again... neither should future or current spouses... state or feds will have to pick up the tab (depending on which court system is responsible for the miscarriage of "justice")

the only thing govt. cares about is money... perhaps a substantial penalty will push the balance towards fewer wrongful persecutions (imprisionments), even if a few bad apples get away as a result.

 

[colonelciller]

This story is no where near as bad as it sounds

http://www.columbiatribune.com/news...cle_6a0e8f3e-56a2-11e2-9e0b-00127992bc8b.html



http://courtsandwriting.blogspot.com/2013/01/hes-been-waiting-more-than-32-years-for.html

In short. Miscarriage of justice not found.

32 years in prision, no conviction. that is a F****** miscarriage of justice if there ever was one. wake up

 

[Hayabusa Rider]

I'd support a $25 million tax-free paycheck for every year wrongly imprisoned... same goes for anyone released from prision after being found to be innocent.

Also, innocent people imprisioned for more than 1 year should never be required to pay income or property taxes ever again... neither should future or current spouses... state or feds will have to pick up the tab (depending on which court system is responsible for the miscarriage of "justice")

the only thing govt. cares about is money... perhaps a substantial penalty will push the balance towards fewer wrongful persecutions (imprisionments), even if a few bad apples get away as a result.

I'd do better than that. If I had my way those who participate in egregious abuse of power have to make good out of their own personal resources. That and they'd be personally mowing this guys lawn for 32 years, and no they would not be able to have someone else do it for them.

 

[zinfamous]

I'd support a $25 million tax-free paycheck for every year wrongly imprisoned... same goes for anyone released from prision after being found to be innocent.

Also, innocent people imprisioned for more than 1 year should never be required to pay income or property taxes ever again... neither should future or current spouses... state or feds will have to pick up the tab (depending on which court system is responsible for the miscarriage of "justice")

the only thing govt. cares about is money... perhaps a substantial penalty will push the balance towards fewer wrongful persecutions (imprisionments), even if a few bad apples get away as a result.

the prison industry is mostly privatized these days...so it's not entirely your tax money that you should be worrying about.

In fact...you should be worrying about the prison sentence being privatized more than anything.

 

[Wreckem]

the prison industry is mostly privatized these days...so it's not entirely your tax money that you should be worrying about.

In fact...you should be worrying about the prison sentence being privatized more than anything.

Less than 10% of state and federal inmates are in privately run prisons. Private prison growth has stagnated. In fact Texas is getting rid of two privatized prisons. In addition a study out of Arizona showed private prisons cost states more than state run prisons.

But private prisons are run almost solely on tax payer money. They get $xxxxx per inmate a year. The theory was private enterprise could be more efficent. Not only have private prisons not been more efficient, they also tend to be very deficient in terms of providing basic necessities, etc. Private prisons basically fleece states and give substandard prison environments.

 

[nehalem256]

32 years in prision, no conviction. that is a F****** miscarriage of justice if there ever was one. wake up

So you are okay with a persons constitutional rights(multiple) being violated for decades.

Guy spent 32 years WITHOUT EVER BEING CONVICTED. What likely happened was the prosecutors fought against a retrial because they were afraid his confession wouldnt make it back in so, they tried to get it commuted, but they didn't get it commuted prior to the Criminal Court of Appeals overturning the conviction, which meant the commuting of the sentence was null as there was no sentence, but everyone just acted like it was commuted so then they just ignored it. At the same time the guys defense counsel was afraid to push matters because death was already off the table and no reason to open up a new can of worms. All the while the man spent decades in jail without a conviction.

He should have been retried in 1980 or released. That is a miscarriage of justice.

Did you read the article? He was convicted. The retrial was ordered because the sentencing was invalid due to the death-penalty jury issue. And due to the laws at the time he couldn't be re-sentenced without a retrial.

If this had happened today he would have just been given life in prison without a retrial.

There was no miscarriage of justice.

 

[colonelciller]

the prison industry is mostly privatized these days...so it's not entirely your tax money that you should be worrying about.

In fact...you should be worrying about the prison sentence being privatized more than anything.

kind of like how the military is privatized, only tax money is used to fund those corporations.

 

[Jhhnn]

If the conviction was overturned.... how could the Gov. commute him to a lesser sentence? I would think he'd have to be released 30 years ago.

Because... Texas!

Any other questions?

 

[Jhhnn]

Did you read the article? He was convicted. The retrial was ordered because the sentencing was invalid due to the death-penalty jury issue. And due to the laws at the time he couldn't be re-sentenced without a retrial.

If this had happened today he would have just been given life in prison without a retrial.

There was no miscarriage of justice.

So silly. When a retrial is ordered, the conviction is vacated, set aside, made so that it doesn't count any more.

 

[Wreckem]

Did you read the article? He was convicted. The retrial was ordered because the sentencing was invalid due to the death-penalty jury issue. And due to the laws at the time he couldn't be re-sentenced without a retrial.

If this had happened today he would have just been given life in prison without a retrial.

There was no miscarriage of justice.

The conviction was completely over turned. He has no conviction under Texas law, the highest court in Texas struck his conviction down entirely back in 1980 and reaffirmed that today. It is a miscarriage of justice because his constitutional rights WERE BLATANTLY violated for three decades. He should have been released or retried, not kept in jail without a conviction.

 

[nehalem256]

So silly. When a retrial is ordered, the conviction is vacated, set aside, made so that it doesn't count any more.

We were discussing miscarriage of justice.

Having you conviction set aside due to a silly technicality(which doesn't even exist anymore) about the SENTENCING ASPECT OF THE TRIAL and then not being given a retrial is not a miscarriage of justice.

If the conviction had been set aside due to an issue with the guilt finding part of the trial then you could fairly say there was a miscarriage of justice.

Not wasting tax payer money to retry someone who had his conviction overturned because the law was too stupid at the time to allow re-sentencing without a retrial is not a miscarriage of justice.

 

[Wreckem]

We were discussing miscarriage of justice.

Having you conviction set aside due to a silly technicality(which doesn't even exist anymore) about the SENTENCING ASPECT OF THE TRIAL and then not being given a retrial is not a miscarriage of justice.

If the conviction had been set aside due to an issue with the guilt finding part of the trial then you could fairly say there was a miscarriage of justice.

Not wasting tax payer money to retry someone who had his conviction overturned because the law was too stupid at the time to allow re-sentencing without a retrial is not a miscarriage of justice.

Well the fact of the matter he couldn't appeal anything else because his conviction was again COMPLETELY overturned, legally the trial never happened. You argue its a technicality that doesn't happen today. Well you can also argue his "signed confession" wouldn't likely be admitted today either and really shouldn't have been admitted back then either. Their evidence was scant and relied heavily on what was a likely induced confession of a mentally handicapped man.

Lets see, a mentally retarded black guy in rural white Texas with a public defender in the heyday of wrongful convictions, with the main evidence being his "confession", and "eye witnesses" who put him at the crime scene(a bus station) at some point prior to the crime(no witnesses to the crime) and testified to what should have been inadmissible hearsay(at least by today's standards), and an unused ticket stub with his fingerprint on it. Thats an air tight case if I have ever heard one *rolls eyes*. Its obvious why the state didn't want a new trial, their case wasn't exactly what you would call strong and could potentially be dismantled with a new trial. That is the problem here, the appointed defense counsel who represented him nor the state wanted a new trial, so everyone ignored the issue of a man with no conviction until 2006. Another big issue is, they had DNA evidence that could have been tested at some point(remember his conviction was overturned so hes still technically in pretrial detention), but that evidence no longer exists.

 

[Jhhnn]

We were discussing miscarriage of justice.

Having you conviction set aside due to a silly technicality(which doesn't even exist anymore) about the SENTENCING ASPECT OF THE TRIAL and then not being given a retrial is not a miscarriage of justice.

If the conviction had been set aside due to an issue with the guilt finding part of the trial then you could fairly say there was a miscarriage of justice.

Not wasting tax payer money to retry someone who had his conviction overturned because the law was too stupid at the time to allow re-sentencing without a retrial is not a miscarriage of justice.

What part of "His conviction was overturned" do you fail to understand?

It doesn't matter why, it matters that it was overturned. Once that's done, there's no legal basis for any sentence, regardless of the facts of the matter.

 

[ch33zw1z]

This is sad. 51 IQ? Probably barely even knew what was going on.

And LoL @ you guys trying to talk sense to nehalem....

 

[nehalem256]

What part of "His conviction was overturned" do you fail to understand?

What part of technicality don't you understand?

It doesn't matter why, it matters that it was overturned. Once that's done, there's no legal basis for any sentence, regardless of the facts of the matter.

What part of if this case occurred today he would have been re-sentenced without a retrial?

Justice is about morality not legal technicalities.