John T. Floyd Law Firm
Houston Criminal Lawyer
"Serious Criminal Defense Throughout Texas"
Experienced Criminal Defense Lawyer
Trials, Sentencings and Appeals
Federal And State Criminal Defense
Phone # (713) 224-0101
Toll Free 1-866-374-1327
E-mail jfloyd@JohnTFloyd.com
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Latest Legal News from the Criminal Courts of Texas and the U.S.
August 17, 2006
Media Advisory: Justin Fuller Scheduled For Execution
AUSTIN - Texas Attorney General Greg Abbott offers the following information about Justin Fuller, who is scheduled to be executed after 6 p.m. Thursday, August 24, 2006, for the 1997 kidnaping, robbery and murder of a Tyler man.
FACTS OF THE CRIME
On April 20, 1997, Justin Fuller and three friends went to college student Donald Whittington’s apartment to rob him. Fuller and his accomplices tied Whittington up and searched his apartment for items of value. While one of the men removed property from Whittington’s apartment, Fuller and the two other men then forced the 21-year-old Whittington into his vehicle and drove to an automatic teller machine where Fuller withdrew money from Whittington’s account. The money was distributed between the three captors - eighty dollars apiece.
Fuller and his two accomplices then drove Whittington to Sandy Beach, a local park, forced him to his knees, and Fuller shot him while he was praying. The next day, Fuller took two friends from school to view the body and told them about the robbery and murder. Smith County deputies found Whittington’s body four days after the murder.
A criminal investigation led to Fuller’s arrest. Once in custody, Fuller gave a videotaped statement, confessing to the details of the offense. Fuller was eighteen years old on the day he killed Whittington.
PROCEDURAL HISTORY
March 1998 -- Fuller was convicted of capital murder and sentenced to death in Smith County.
December 2000 -- Fuller’s conviction and sentence were upheld on direct appeal.
May 2001 -- The Texas Court of Criminal Appeals denied Fuller’s application for writ of habeas corpus.
December 2001 -- A federal district court dismissed Fuller’s habeas petition to return to state court to exhaust newly raised claims.
March 2002 -- The Texas Court of Criminal Appeals denied Fuller’s successive application.
November 2003 -- The Texas Court of Criminal Appeals denied Fuller’s second successive application.
January 2005 -- A federal district court denied Fuller’s federal habeas corpus petition.
January 2006 -- The 5th Circuit Court of Appeals affirmed the federal district court’s denial of federal habeas corpus relief.
June 2006 -- Fuller petitioned the U.S. Supreme Court for review. The petition is pending.
CRIMINAL HISTORY
Evidence presented at the punishment phase of Fuller’s trial indicated that Fuller was associated with a violent gang. The State also presented testimony from Fuller’s former employer at a fast-food establishment, who in 1996 caught Fuller on videotape stealing cash. Fuller was fired and theft charges were filed against him.
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