Ethics Comlaint Against Texas Court of Criminal Appeals Justice

On September 25, 2007, an after-hours appeal by death row inmate, Michael Richard, was denied by one of the judges of the Texas Court of Criminal Appeals, Sharon Keller. Keller made the decision to overturn Richard's appeal without consulting any of the other judges, including at least three who were working late that day in case of any last-minute appeals. Keller's decision resulted in Richard's death. Richard's lawyers wanted to appeal based on that morning's new that the U.S. Supreme Court would decide whether lethal injections for the death penalty were constitutional or not. On September 27, 2007, the U.S. Supreme Court halted another Texas death row inmate's execution because they had appealed, similar to Richard's appeal, on time. The fact that the second death row inmate's execution was stopped clearly demonstrates that Richard's execution could have also been stopped had Keller accepted to stay open a little late. Today, Wednesday, October 17, 2007, 19 lawyers have filed an ethics complaint with the Texas Commission on Judicial Conduct against Texas Court of Criminal Appeals Justice Sharon Keller. They claim that "Keller's actions violated her legal obligations and deprived Richard of his constitutional right to court access." In their complaint, the lawyers are accusing Justice Keller of violating 4 sections of the State Commission on Judicial Conduct. If the complaint is confirmed and Keller is incriminated then the commission can "issue private sanctions and public reprimands or request that the Texas Supreme Court issue a suspension."

Personally, I find that Justice Sharon Keller should be punished by at least suspension. What she did is not something that can be remediated at all, nevertheless by a reprimand. Her act MUST be punished. In her hands was the life of Michael Richard; even though criminal, he was still human. She did not deny Richard's lawyers request to stay open late because of any rules or to maintain closure time at 5; if three justices were there in case of any last-minute appeals, they were there to work. Plus, who cares if they have to stay open late??? Their job is to serve justice. Keller's biggest mistake, however, was that she did not even consult with the justices who were there in case of any last minute appeals. Keller's actions are not acceptable!!! Her responsibility was to consult the other justices and she failed to do so; therefore she should be punished in order to learn to comply with judicial conduct and for the sake of us citizens.

Sharon Keller

Murder or Capital Murder?

On August 22, 2006, Selwyn P. Davis, 25, killed his ex-girlfriend's mother, Regina Lara, in Austin Texas. Not only is Davis being accused of murdering Regina, he is also accused of "breaking his ex-girlfriend's jaw, slicing his uncle with a knife, sexually assaulting a teenager and trying to run over a police officer with a car," during a "two-day crime spree." The Austin American-Statesman reported in "Jury deliberations begin in capital murder trial," that today, October 4, 2007, the jury on Davis' case left the courtroom to decide whether Davis is guilty of capital murder or just guilty of murder.

One might ask, "Isn't being guilty of capital murder or being guilty of murder the same thing?" The answer is no. Capital murder is defined as intentional murder during the course of committing or attempting to commit kidnapping, burglary, robbery, or aggravated sexual assault. Murder is planned murder for the purpose of evil. These two types of murders also differ in punishment. Murder is punished up to life imprisonment, but capital murder is subject to the death penalty. So that's the big question for Davis' case: Should or will Davis be accused of capital murder or murder?

The article tells us of both sides of the story. The defendant's lawyer said that 'The murder is not part of a scheme to rob, not part of a scheme to burglarize. It's from hate and anger and should be punished.' On the other hand, the prosecutor said that Davis took 'Lara's checkbook from under her mattress after stabbing her to death.' The truth I do not know, but personally, I believe the prosecutor because lawyers are paid to defend the defendant whether innocent or guilty. What I do know is that Selwyn Davis killed Regina and should be punished.

Regardless of the fact that I believe that Davis committed and should be accused of capital murder, I do not agree with the punishment. I believe that someone who has deprived someone else of live should suffer, and to me the death penalty does not bring suffering to the accused. It terminates their life with a "painless" injection. Even if the injection was painful, the pain would not last long. On the other hand, depriving someone of liberty for life, would really affect that person. I trust that Davis will be accused of capital murder, but since right now the death penalty, by means of the lethal injection, in Texas has been put on hold and is waiting for the ruling of whether or not it is constitutional, we will have to wait and see what the punishment will be. Hopefully, it will be one that really affects the criminal.