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Sep 24 - conviction and death sentence tossed after finding prosecutor worked for judge



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 1 month ago '11        #1
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Sin  topics gone triple plat - Number 1 spot x40
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Sep 24 - conviction and death sentence tossed after finding prosecutor worked for judge
 

 
linton Young was convicted in a 2001 Midland County murder in which he insists he was framed. The Texas Court of Criminal Appeals said he was denied the right to a fair trial and an impartial judge.

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The Texas Court of Criminal Appeals tossed out the capital murder conviction and death sentence of Clinton Young on Wednesday after it was discovered that one of the prosecutors in his case also worked for the judge.

Young, 38, has been on death row since 2003, convicted of a Midland County murder in which he insists he was framed. But while his other appeals were pending, a new district attorney discovered that a prosecutor who worked on Young’s case worked for the judge at the same time, even drafting the court’s order to deny one of Young’s first appeals. The prosecutor has since retired and, this year, agreed to give up his license in lieu of disciplinary action.

“Judicial and prosecutorial misconduct — in the form of an undisclosed employment relationship between the trial judge and the prosecutor appearing before him — tainted [Young’s] entire proceeding from the outset,” Texas’ highest criminal court ruled. “As a result, little confidence can be placed in the fairness of the proceedings or the outcome of Applicant’s trial.”

The court ordered Young to be removed from death row and taken to the Midland County jail while prosecutors decide if they want to try him again or dismiss the charge. District Attorney Laura Nodolf said Wednesday that she had recused herself from the case after discovering the prosecutor’s actions and would not be involved in any prosecution moving forward.

“I don’t want there to be any appearance of a conflict,” she said.

Dawson County District Attorney Philip Furlow, to whom the case was reassigned in 2019, was not available for comment Wednesday.

In 2019, Nodolf discovered during a budgeting process that Weldon Petty, who had retired earlier that year, worked more than a decade as a full-time prosecutor for the county while moonlighting for the district judges. As a prosecutor, the court stated, Petty opposed defense motions. At the same time, he drafted recommendations of denial for the judges to sign.

At age 18, Young was accused of taking part in a 2001 drug-related crime spree that involved fatally shooting two men and stealing their cars on opposite ends of the state with a 20-year-old man, David Page. Young was convicted in the Midland murder of Samuel Petrey and sentenced to death after Page testified against him.

At trial, Page said Young shot Petrey, but Young has said he was sleeping off a methamphetamine high when the man was k*lled. Page took a plea deal and was given 30 years in prison on an aggravated kidnapping conviction.

At Young’s trial, Petty worked as a legal adviser to the prosecution team and wrote almost all of the motions, according to findings from an evidentiary hearing in the trial court last year. The judge who presided over Young’s case died in 2012.

Later, Petty helped prosecutors contest appeals of Young’s conviction, while also being paid by the judge for legal work on Young’s case, the court said.

“You ... [can] either be an impartial person that the judges are consulting, or you [can] be ... an advocate with the District Attorney’s Office,” said Erik Kalenak, the prosecutor in charge of Young’s appeals, at the hearing in 2020. “I mean, that’s like professional responsibility 101.”

visit this link https://www.texastribune. .. -young-tossed/


Last edited by Sin; 09-24-2021 at 10:21 AM..
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15 comments
 

 1 month ago '16        #2
KingJerz  topics gone triple plat - Number 1 spot x17
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Pay him
+4   

 1 month ago '04        #3
ItAlY2BkLyN 
Props total: 32748 32 K  Slaps total: 8025 8 K
man let that tweaker go. he probably just took another tweaker off the streets but fu*k the corrupt legal system.
+2   

 1 month ago '11        #4
Tony Franks  topics gone triple plat - Number 1 spot x2
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The prosecutor has since retired and, this year, agreed to give up his license in lieu of disciplinary action.
This is unfair. They shouldn't let him retire and get out of prison. He needs to be executed really.
+13   

 1 month ago '19        #5
OaklandSmokin 
Props total: 5239 5 K  Slaps total: 327 327
Mans was framed, spent 20 years in jail and there wont be any consequences for the crooked judge or prosecutor...SMH
+12   

 1 month ago '15        #6
Spawn  topics gone triple plat - Number 1 spot x2
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Man been on death row for 20 years and ain't even 40 yet

I can't even imagine no sh*t like that, I'm coming out a super villian.
+12   

 1 month ago '11        #7
GrindPOWER$  topics gone triple plat - Number 1 spot x16
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this sh*t happens often its rarely people get cleared i seen over the last 10 years over 5 to 10 people got cleared
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 1 month ago '09        #8
faceoffizhere 
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whole system corrupt man it's insane that people think they would really want to look out for health and safety like yo

"A Pennsylvania judge was sentenced to 28 years in prison in connection to a bribery scandal that roiled the state's juvenile justice system. Former Luzerne County Judge Mark Ciavarella Jr. was convicted of taking $1 million in bribes from developers of juvenile detention centers. The judge then presided over cases that would send juveniles to those same centers. The case came to be known as "kids-for-cash."


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 1 month ago '09        #9
faceoffizhere 
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 GrindPOWER$ said
this sh*t happens often its rarely people get cleared i seen over the last 10 years over 5 to 10 people got cleared
Imagine how many never seen the light of day and were k*lled
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 1 month ago '11        #10
Sin  topics gone triple plat - Number 1 spot x40 OP
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 Tony Franks said
This is unfair. They shouldn't let him retire and get out of prison. He needs to be executed really.
and this is just one case, how many other lives has he destroyed?
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 1 month ago '11        #11
GrindPOWER$  topics gone triple plat - Number 1 spot x16
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 faceoffizhere said
Imagine how many never seen the light of day and were k*lled
sometimes its anybody would do mentality for these crooked system. imagine cops wanting to close a case and get somebody who had a lower crime for a normal robbery but a murder happen in the same area they pin that sh*t on that person too.
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 1 month ago '09        #12
faceoffizhere 
Props total: 14993 14 K  Slaps total: 3986 3 K
 GrindPOWER$ said
sometimes its anybody would do mentality for these crooked system. imagine cops wanting to close a case and get somebody who had a lower crime for a normal robbery but a murder happen in the same area they pin that sh*t on that person too.
crazy a*s world we live in
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 1 month ago '07        #13
yola  topics gone triple plat - Number 1 spot x60
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 Tony Franks said
This is unfair. They shouldn't let him retire and get out of prison. He needs to be executed really.
he needs to go sit on death Row for 18 years at the very least
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 1 month ago '11        #14
Sin  topics gone triple plat - Number 1 spot x40 OP
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 yola said
he needs to go sit on death Row for 18 years at the very least
at the minimum release his name
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 1 month ago '15        #15
RIPrjacks23 
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1000s of stories just like this. These people are sick.
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 1 month ago '20        #16
Xiox  topics gone triple plat - Number 1 spot x1
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Gotta love our justice system of corruptness
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