Henry Dunn Jr.
| News About Henry Dunn |
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| Information from Lamp Of Hope Texas |
| PETITION ON BEHALF OF HENRY DUNN - Print and mail |
MAY EXECUTION DATE SET
FOR TEXAS
DEATH ROW PRISONER HENRY
DUNN JR.
( Henry Dunn Jr.'s lethal injection, scheduled
for Tuesday evening, was put
off with an order from the 5th U.S. Circuit
Court of Appeals in New Orleans...)
In a case that has been filled with ineffective
assistance of counsel,
Texas death row prisoner Henry Dunn Jr.
has been scheduled a May 14th
execution date by Diane DeVasto, 241st District
Judge of Smith,
County Tyler, Texas.
The latest events concerning Henry's counsel
occurred when his counsel
failed to file a timely Notice of Appeal
so that Henry could file his
next appeal to the 5th Circuit Court of
Appeals, after his counsel filed
the same documents used to file his State
Writ of Habeas Corpus, Henry's
counsel, Toby Wilkinson along with Joseph
Bailey, filed the same
documents to the federal courts as Henry's
Federal Writ of Habeas
Corpus, which these documents was denied
in State court on September 15,
1999. After failing to file a timely Notice
of Appeal, Henry has been
denied to file the remaining appeals in
his appeals process. Henry filed
a complaint against his court appointed
attorneys, and these attorneys
have been removed from his process and replaced
by attorney Mike
Charlton of Houston, Texas.
Not only did Mr. Wilkinson not file a timely
Notice of Appeal, after
Henry's appeal was denied by the federal
judge on June 29, 2001, Mr.
Wilkinson failed to file for a rehearing
in the process, in which a
Summary of Judgment was granted to the State,
based on a false claim
that was not filed in Henry's appeal process,
but Mr. Wilkinson failed
to request the Summary Judgment be denied
based on the false allegation.
At the scheduling of Henry's execution date,
Mr. Wilkinson on record
admitted to a conflict of interest in the
process.
A main issue in the appeals process of
Henry's case is the
representation by his Direct Appeal counsel
Kerry Lee of Tyler, Texas.
Mr. Lee had NO PERMANENT LICENSE TO PRACTICE
LAW and NO BACKGROUND IN CAPITAL MURDER DEFENSE, and had been practicing
law for LESS THAN TWO YEARS ! Mr. Lee did
not quality under any guidlines
to represent Henry en his appellate process,
and no court has looked closely
at Mr. Lee's performance or his qualifications.
Mr. Lee requested oral argument in the case before the Court of Criminal
Appeals, but on the day he was to
argue the case, MR. LEE WAS A NO SHOW, because
he was busy trying to
keep his TEMPORARY LAW LICENSE ! Mr. Lee's
performance and
qualifications in Henry's appellate process
favors the interest of the
prosecution. The entire time Mr. Lee was
on Henry's appeal process, he
was having trouble keeping his temporary
law license, so just how many
hours did he spend preparing and researching
the issues in Henry's case
? Mr. Lee did not file a Writ of Certiorari
to the Supreme Court on
behalf of Henry and the Supreme Court has
never reviewed or took into
consideration the issues in Henry's case.
The performance of Toby Wilkinson and
the performance of Kerry Lee in
Henry's appeal process, and the failure
of Mr. Wilkinson to file a
timely Notice of Appeal so that Henry may
file his remaining appeals to
challenge the representation of Mr. Lee,
as well as his conviction,
deprives Henry of Procedural Due Process
under the Due Process Clause.
The denial of Mr. Dunn's appeal by the Court
of Criminal Appeals after
Mr. Lee indicated he had problems with the
process, and requested to
have the process delayed or be taken off
of the process, denies Henry
Procedural Due Process under the Due Process
Clause.
In the case of Texas death row prisoner
Ricky Kerr, who's circumstances
concerning his appeal counsel were similar
to Henry's circumstances, in
which Ricky was assigned a Habeas attorney,
Robert McGlohon, who had
been practicing law for ONLY TWO YEARS and
NEVER TRIED or APPEALED A
CAPITAL MURDER CASE. The Court of Criminal
Appeals also denied Ricky's
appeal, just as they did Henry's, and Mr.
McGlohon later admitted in an
affidavit that he did not understand the
appeal process, just as Henry's
lawyer Mr. Lee filed documents with the
court asking to delay the
process or remove him from the process,
because he did not understand
the process, and had more questions than
answers. A federal judge later
haulted Mr. Kerr's execution, and PROSECUTORS
and LAWYERS IN THE STATE ATTORNEY GENERAL'S OFFICE then AGREED that Ricky
Kerr deserved a new appeal.
Henry deserves a new appeal, and he needs
your help in letter writing
and phone calls to judges and politicians
to bring the circumstances of
his appeal process to their attention. One
of the main issues in the
death penalty debate this past election
was EFFECTIVE ASSISTANCE OF
COUNSEL for death row prisoners, and Senator
Rodney Ellis as well as
Governor Rick Perry of Texas was a big supporter
of this bill, which was
passed, but Henry has NOT HAD EFFECTIVE
ASSISTANCE OF COUNSEL,
and the courts have over-looked his representation
as well as the issues
in his case and appeal process. Henry would
like to ask all death penalty
opponents to help him with getting a stay
of execution, and the courts
to review his case, in hopes that he too
will be granted a new appeal,
just as Ricky Kerr, because that's what
the law requires, and that's
what Henry's case calls for. If you would
like to help Henry, you can
write to the following judges and politicians
at the addresses below:
COURT OF CRIMINAL APPEALS
GOVERNOR RICK PERRY
ATT: JUDGES
STATE CAPITOL
SUPREME COURT BLDG.
P.O.BOX 12428
201 W. 14 th ST.
AUSTIN - TEXAS 78711
P.O.BOX 12308
FAX: (512)463 - 1849
CAPITAL STATION
AUSTIN - TEXAS 78711
COURT OF CRIMINAL APPEALS
ATTORNEY GENERAL JOHN CORNYN
ATT: JUDGES
PRICE DANIEL SR. BLDG.
TOM C. CLARK STATE BUILDING
209 W. 14 th & COLORADO ST.
205 W. 14 th ST.
P.O.BOX 12548
P.O.BOX 12308
AUSTIN - TEXAS 78711
CAPITAL STATION
FAX: (512) 463 - 2663
AUSTIN - TEXAS 78711
FIFTH CIRCUIT COURT OF
APPEALS
OFFICE OF THE ATTORNEY GENERAL
ATT: JUDGES PANEL
P.O.BOX 12548
CLERK: CHARLES R. FULBRUGE
3RD
AUSTIN - TEXAS 78711
102 JOHN MINOR WISDOM
FAX: (512) 463 - 2063
U.S. COURT OF APPEALS BLDG.
600 CAMP ST.
601 NEW ORLEANS - LOUISIANA
70130
SUPREME COURT OF THE UNITED
STATES
ATT: SUPREME COURT
JUDGES
CLERK: WILLIAM K.
SUTER
ONE 1 ST N.E.
WASHINGTON - DC 20543
BOARD OF PARDONS AND PAROLE
P.O.BOX 13084
AUSTIN - TEXAS 78711
FAX: (512) 463 - 8120
SENATOR RODNEY ELLIS/ELIOT
SHAPLEIGH
P.O.BOX 12068
AUSTIN - TEXAS 78711
FAX: (512) 463 - 6034
REPRESENTATIVE ELLIOTT
NAISHTAT/HAROLD DUTTON
STATE CAPITOL
P.O.BOX 2910
AUSTIN - TEXAS 78768
- 2910
FAX: (512) 463 - 5896
If you would like to know more about Henry and his case, please go to the web sites below:
| http://www.lampofhope.org/999165case.html |
| http://www.lampofhope.org/999165news.html |
| http://www.lampofhope.org/999165write.html |
HENRY DUNN LEGAL FOUNDATION
Hello! My name is Henry
Dunn Jr., a 25 year old Texas Death Row prisoner. I have
been on death row for a
total of 4 years. I am seeking the public help in getting off of
Texas Death Row. In September
1999, the Court of Criminal Appeals denied my state
appeal, saying that it is
O.K. that my lawyer on my direct appeal, the most important
appeal of death row prisoners
appeal process, was ineffective, failed to give argument
in my appeal brief, and
did not go to the courts to represent me on my appeal. The
courts are also saying that
it is O.K. for officials to arrest me without no arrest warrant or
probable cause. They turned
down my appeal saying that it is O.K. that false testimony
used in my trial to convict
me and accuse me of other crimes in order for my jury to give
me a death sentence is O.K.
Until now, I have never been imprisoned before or in
trouble with the law. My
record was clean, I had no criminal record, so prosecutors used
false testimony in my punishment
phase to mislead my jury into giving me a death
sentence. I now have to
file an appeal in the Federal Courts.
STATEMENTS OF THE CASE
I was arrested December
3, 1993, at age 19, by Smith County Sheriff officers and was
told I had an arrest warrant
for aggravated robbery. I was taken to the Smith County
Police Department where
I WAS interviewed by Smith County Sheriffs and FBI agents.
After the interview, I was
taken to the Smith County Jail and charged with both Capitol
Murder and Aggravated Robbery.
I was given court appointed attorneys Melvin
Thompson and LaJuanda Lacy
of Smith County, Tyler, Texas.
On August 21, 1995, I
entered a plea of not guilty to Capitol Murder. During the course
of my trial, right after
my plea of not guilty, my lawyers discovered that Smith County
officers never had an arrest
warrant for my arrest, nor had anyone accused me of
committing any type of crime.
My lawyers filed for a mistrial, but the request was denied.
On August 21, 1995, I was
found guilty of Capitol Murder. On August 30, 1995,
prosecutors began the punishment
phase of my trial. During this phase, prosecutors
used false testimony from
Charles Brian Davis, the states only witness who knew me
before being imprisoned,
to connect me to other crimes which I did not commit, in order
to get me a death sentence.
Mr. Davis testified on the stand that he did not have a plea
bargain from prosecutors,
but admitted that he was out of the Smith County Jail, without
posting bond or paying any
money, on 3 aggravated assault charges. My jury returned to
give me a death sentence
under the impression, that I had committed other crimes,
although I had not been
convicted of these crimes, and none of the victims identified me
as one of the people who
committed the crime against them.
DIRECT APPEAL
After arriving on death
row, I was given another Court appointed lawyer to represent me
on my Direct Appeal. The
Direct Appeal is the most important appeal of the appeal
process. My court appointed
lawyer was Kerry Lee, another Smith County lawyer. Mr.
Lee was totally ineffective
on my Direct Appeal. He did not give argument to the issues
in my appeal brief and failed
to brief very important issues that could get me a new trial
or release me from death
row. Mr. Lee failed to brief issues concerning the arrest
warrant affidavit used to
try and get an arrest warrant for my arrest. Mr. Lee asked for
oral argument in front of
the Court of Criminal Appeals, but failed to go to the courts to
represent me on my behalf
as the prosecution argued against my appeal brief. I had
no-one there to argue on
my behalf! On September 7, 1997, the Court of Criminal
Appeals denied my Direct
Appeal.
STATE WRIT OF HABEAS CORPUS
On November 26, 1997,
I was appointed Lawyer Toby C. Wilkinson to file my State writ
of Habeas Corpus. Mr. Wilkinson
filed for ineffective assistance of counsel on the part of
my Direct Appeal lawyer,
Kerry Lee, which also allowed him to brief the points of error
that Mr. Lee should have
raised as issues in my Direct Appeal Brief. Mr. Wilkinson also
filed that the prosecution
used the perjured testimony to persuade my jury to give me a
death sentence, and even
used an affidavit from one of the accused who actually
admitted to committing the
crime, which stated that false testimony was used in the
punishment phase of my trial
and he agreed to testify at a hearing as to the truth of the
affidavit. Included in the
affidavit was the name of the people who actually committed the
offense with the accused.
On March 25, 1999, I was transported to Smith County to a
hearing on my State Writ
of Habeas Corpus. There, my trial lawyer testified as to the
arrest warrant and the arrest
warrant affidavit. The arrest warrant was not signed by a
magistrate or judge which
made the arrest warrant invalid, and not an arrest warrant at
all. The arrest warrant
affidavit did not name me as a suspect to any crime and the
victim in the affidavit
named 5 white males as his attackers, I am a black male. None of
the witnesses who came to
my trial and testified they were attacked, identified me as a
suspect or one of the accused
who attacked them. All the victims said their attackers
were white males. In September
1999, the Court of Criminal Appeals denied my State
Writ of Habeas Corpus, saying
that it is O.K. that my Direct Appeal lawyer was
ineffective and that it
is O.K. that prosecutors used perjured testimony in my punishment
phase of my trial to get
me a death sentence.
They said it is O.K. that
my lawyer did not go to the courts to argue on my behalf while
the prosecution was arguing
why my appeal should be denied. They are saying it is O.K.
that the accused were all
white males and even though I am a black male, it's O.K. for
me to be accused and arrested
with a affidavit that does not even accuse me of any
crime. BUT THESE THINGS
ARE NOT O.K.!!!
CONCLUSION
The laws of the State
of Texas and the United States Constitution protects the rights of
all citizens from these
type of things. By the law here in the State of Texas, I should not
be on death row and I should
have never been arrested for any crime. The Court of
Criminal Appeals ruled against
what the law says in reviewing my State Writ of Habeas
Corpus. The law says that
if there is no probable cause or sufficient information to
support an independent judgment
that the accused committed a crime, the arrest
warrant is invalid. It says
that an arrest warrant issued pursuant to a defective affidavit or
complaint is invalid and
an arrest made under such an invalid warrant or capias is
illegal. The law also says
that effective assistance of counsel is guaranteed by the 6th
Amendment to the United
States Constitution and by Article 1, Section 10 of the Texas
Constitution. The Court
of Criminal Appeals has determined in post conviction habeas
corpus reviews of Capitol
Murder cases, that "where the petitioner has been
condemned to death, we believe
that effective assistance of counsel is a
constitutional right so
basic to a fair trial that [its] infraction can never be treated as
harmless error”
YOUR HELP
I am asking for your help
and support in protesting the issues in which the Court of Criminal Appeals
have treated as harmless. I am asking that you write to the judge who will
be reveiwing my Federal Appeal and protest the issues, letting him know
the rulings of the Court of Criminal Appeals is wrong. I have copies of the
arrest warrant affidavit and copies of officers testimony who admit
that they had no probable cause to arrest me and the only reason they wanted
to arrest me, was to try and connect me with the number of crimes they accused
me of, including this murder which I now sit on death row for. I am asking
for all kinds of support. For anyone who is willing to give help to my lawyers
or would just like to write my lawyers to show support. For anyone who would
like more information on my appeals and case you can write to me or my lawyers.
The Judge reveiwing my appeal will be Judge Thad Heartfield. My lawyers are
Toby C. Wilkinson and Joseph Bailey. I can get copies of any documents that
you need in order to help with this cause. I would also like to hear from
people who are lending their support as well. Please find the addresses below:
Judge Thad Heartfield
JACK BROOKS FEDERAL BLDG.
300 WILLOW ST.
P.O. BOX 949
BEAUMONT, TEXAS 77704
(409) 654-2860
(Judge reviewing my appeal)
TOBY C. WILKINSON
JOSEPH BAILEY
2815
WESLEY
123 SAN AUGUSTINE STREET
P.O.
POX 324
CENTER, TEXAS 75935
GREENVILLE, TEXAS 75403
(409) 598-8918-(FAX)
(903) 454-6096
(409) 598-6258
FAX# (903) 454-0446
HENRY F. DUNN JR.
TDCJ-ID #999165
POLUNSKY UNIT
3872 FM 350 South
LIVINGSTON, TEXAS 77351
CCP CH14 ARREST WITHOUT WARRANT
CCP ART. 14.O1. OFFENSE
WITHIN VIEW
A peace officer or any other
person, may, without a warrant, arrest an offender when the offense is committed
in his presence or within his view, if the offense is one classed as a felony
or as an offense against the public peace.
(b) A peace officer may
arrest an offender without a warrant for any offense committed in his presence
or within his view.
CCP ART. 14.03. AUTHORITY
OF PEACE OFFICERS.
(a) Any peace officer may
arrest without a warrant:
(1) persons found in suspicious
places and under circumstances which reasonably show that such persons have
been guilty of some felony, Violation of Title 9, Chapter 42, Penal Code,
breach of the peace, or offense under Section 49.02, Penal Code, or threaten,
or are about to committ some offense against the laws;
(2) persons who the peace
officer has probable cause to believe have committed an assault resulting
in bodily injury to another person and the peace officer has probable cause
to believe that there is danger of further bodily injury to that person;
(3) persons who the peace
officer has probable cause to believe have committed the offense defined
by Section 25.07, Penal Code (violation of Protective Order), if the offense
is not committed in the presence of the peace officer; or
(4) persons who the peace
officer has probable cause to believe have committed an assault resulting
in bodily injury to a member of the person's family or household.
(5) A peace officer shall
arrest, without a warrant, a person the peace officer has probable cause
to believe has committed an offense under Section 25.07, Penal Code (violation
of Protective Order), if the offense is committed in the presence of the
peace officer.
(c) If reasonably necessary
to verify an allegation of a violation of a protective order or of the commission
of an assualt against a member of the family or the household, a peace officer
shall remain at the scene of the investigation to verify the allegation and
to prevent the further commission of family violence.
CCP CH15 ARREST UNDER
WARRANT
CCP ART. 15.01. WARRANT
OF ARREST
A "warrant of arrest" is
a written order from a magistrate, directed to a peace officer or some other
person specially named, commanding him to take the body of the person accused
of an offense, to be dealt with according to law,
CCP ART. 15.02. REQUISITES
0F WARRANT
It issues in the name of
"The State of Texas", and shall he sufficient, without regard to form, if
it has these substantial requisites:
1. It must specify the name
of the person whose arrest is ordered, if it be known, if unknown, then some
resonably definate description must be given of him.
2. It must state that the
person is accused of some crime against the laws of the state, naming the
offense.
3. It must be signed by
the magistrate, and his office be named in the body of the warrant, or in
connection with his signature.
CCP ART. 15.04. COMPLAINT
The affidavit made before
the magistrate or district or county attorney is called a "complaint" if
it charges the commission of an offense.
CCP ART. 15.O5. REQUISITES
OF COMPLAINT
The complaint shall be sufficient,
without regard to form, if it has these substantial requisited:
It must state the
name of the accused, if known, and if not known, shall give some reasonably
definate description of him.
2. It must show that the
accused has committed some offense against the laws of the State, either
directly or that the affiant has good reason to believe, and does believe,
that the accused committed such offense.
3. It must state the time
and place of the commission of the offense, as definately as can be done by
the affiant.
4. It must he signed by
the affiant by writting his name or affixing his mark.
CCP ART. is the abbreviation
for Code of Criminal Procedure and the Article number. These are the laws
copied directly from Texas Criminal Laws, a legal book on the laws in the
State of Texas issued by the Texas Department of Public Safety in Austin,
Texas.
HENRY F. DUNN JR.
TDCJ-ID #999165
POLUNSKY UNIT
Cartoon clipping submitted
by Henry Dunn Jr.
| News About Henry Dunn |
|
MUSIC FOR THE FREEDOM
A benefit concert for organ and violin in Italy - Saturday October 26 at 21,00. |
| Information from Lamp Of Hope Texas |
| PETITION ON BEHALF OF HENRY DUNN - Print and mail |
| http://www.lampofhope.org/999165case.html |
| http://www.lampofhope.org/999165news.html |
| http://www.lampofhope.org/999165write.html |
