By European Association for Human Rights
The last november 19th A PETITION FOR A WRIT OF HABEAS CORPUS
STATEMENT OF FACTS
A brief history of the investigation and cultivation of the State’s case against Mr. Marshall, as well as some background information on Mr. Marshall himself, is necessary to appreciate (1) the magnitude of the ineffectiveness of Mr. Marshall’s counsel, including the perfunctory and inept pre-trial investigation and (2) the extent of the State’s misconduct in prosecuting Mr. Marshall’s case, which combined to result in Mr. Marshall’s conviction and death sentence. Mr. Marshall’s claims for relief will follow this statement of facts.
1 THE CRIME
2 THE STATE’S INVESTIGATION
3 DEFENSE COUNSEL FAILED TO INVESTIGATE THE CRIME OR MR. MARSHALL’S HISTORY
The last point is very important:
Mr. Marshall is Innocent. His Execution Would Constitute Cruel and
Unusual Punishment and Violate Due Process.
Evidence used to convict Mr. Marshall and sentence him to death was unreliable, and obtained and used in a manner that offends the Constitution for the reasons set forth in Mr.Marshall’s claims for relief, supra. State postconviction and federal habeas corpus counsel have mustered a persuasive case that Mr. Marshall is factually and legally innocent. His execution,therefore, would violate the Eighth and Fourteenth Amendments.
We got some good points, but the fight is far from over.
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