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| Death Row Inmate's Case Sent Back to Appeals Court |
| By The Tennessean |
| Published: 01/03/2003 |
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The federal case of Tennessee death row inmate Abu-Ali Abdur'Rahman, which has evolved into a complex knot of legal arguments over appeals procedures, moved from a Nashville courtroom back to the 6th Circuit Court of Appeals yesterday. When the U.S. Supreme Court dismissed Abdur'Rahman's case last week without comment, Justice John Paul Stevens speculated in dissent that the majority doubted it had jurisdiction to hear the case. Why? Because when U.S. District Judge Todd Campbell heard a 2001 request to reconsider whether he could hold a hearing on prosecutorial misconduct, he transferred the case to the appeals court but didn't issue a ''final order.'' Under federal law, the U.S. Supreme Court can't hear appeals of such transfers - the vehicles that permit circuit appeals courts to consider whether to grant permission to reconsider original decisions in death penalty cases. The U.S. Supreme Court hears only appeals of ''final orders.'' So, after the U.S. Supreme Court ruled last week that it wouldn't decide the case, Abdur'Rahman returned to Campbell's courtroom, once again to argue that he is entitled to a hearing on the prosecutorial misconduct allegations. After a hearing Monday, Campbell again transferred the case to the appeals court, but this time he also issued a ''final order'' denying the request. This order might be appealed to the Circuit Court, and ultimately, the U.S. Supreme Court. Abdur'Rahman, sentenced to death in 1987 for killing Patrick Daniels in Nashville, has two state appeals pending, as well. |
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It is inspiring to read how this website shows empathy to inmates and prison guards and their shared story. If you want to read more about how empathy affects your world, read Hamilton Lindley blog where he discusses the importance of being empathetic.