Criminal Law Blog by Defense Lawyer John Floyd and Mr. Billy Sinclair
By: Houston Criminal Defense Attorney John T. Floyd and Mr. Billy Sinclair
On July 23, 2008 the State of Mississippi executed Dale Leo Bishop for his involvement in the beating death of 22-year-old Marcus James Gentry. The Bishop execution was significant only because he became the third person put to death in this country who did not actually kill the victim while the actual killer received life imprisonment.
In 1998 Bishop, Gentry, and Jessie Johnson engaged in a night of heavy drinking and drug use. They ended up in Gentry’s car on an isolated dirt road near Saltillo, a community in northern Mississippi. A dispute broke out among the men leading Johnson and Bishop to attack Gentry. Johnson struck Gentry 23 times with a hammer before it lodged in the victim’s throat. Bishop was convicted because he held Gentry by the neck during the murderous assault.
Johnson was tried separately from Bishop, convicted, and received a life sentence without parole. Bishop was also convicted by a jury, but elected to have the trial judge impose sentencing. Even though Johnson admitted that he struck the fatal blows that killed Gentry, the judge nonetheless sentenced Bishop to death.
The two others cases in which the actual killer received life while the lesser participant was put to death were Steven Hatch, who was put to death in Oklahoma in 1996, and Doyle Skillern, who was put to death in Texas in 1985. (more…)
By: Houston Criminal Attorney John Floyd and Mr. Billy Sinclair
The International Court of Justice recently issued an order staying the execution of five Mexican nationals held on Texas’ death row in response to a petition filed by the Mexican government. The Mexican government is seeking a review of these particular cases to determine whether the State’s denial of the condemned inmates access to the Mexican Consulate after their arrest adversely impacted their defenses.
One of the Mexican nationals is condemned killer Jose Medellin who has an August 5, 2008 scheduled execution date. Gov. Rick Perry immediately issued a statement through a spokesman that the rapist-murderer’s execution would not be halted.
The Houston Chronicle reported that the Mexican government had sought the stays of execution for the Mexican nationals because “the paramount interest in human life is at stake.” The Mexican government reasoned that if the executions are carried out without the denial of access to the Mexican Consulate issue being fully developed, “Mexico would forever be deprived of the opportunity to vindicate its rights and those of the nationals concerned.”
Gov. Perry was not persuaded. Did they think he would be?” The world court has no standing in Texas and Texas is not bound by a ruling or edict from a foreign court,” the Governor said through spokesman Robert Black said. “It is easy to get caught up in discussions of international law and justice and treaties. It’s very important to remember that these individuals are on death row for killing our citizens.” (more…)
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