Tenn. man on death row despite high court ruling
Lawyer Blogs
Multiple sclerosis has Paul House in a wheelchair. A tenacious prosecutor has him on death row, deemed too dangerous to be released two years after the U.S. Supreme Court said he likely isn't guilty.
That closely watched ruling, which made it easier for inmates to get new hearings on DNA evidence that emerges after their trials, and the fallout from it have left House in limbo while a prosecutor methodically battles every effort from the courts to have him retried.
Federal judges have done as the high court ordered: They reviewed his murder case and concluded new evidence raises reasonable doubt about his guilt. Not allowed to overturn the conviction, they took the extraordinary step of giving Tennessee a six-month deadline to bring House to trial or release him.
And still House, 46, is locked up in a Nashville prison.
An appeals court ruled in his favor this month, but that ruling also reset the 180-day countdown at zero.
U.S. District Judge Harry S. Mattice Jr. has scheduled a hearing for Wednesday to consider terms and conditions of House's release, but prosecutors are taking their time in setting a date for a new trial.
"The Supreme Court has said, 'You just got the wrong person.' You would think ... that there would be some respect for that situation," said U.S. Circuit Judge Gilbert S. Merritt, who has heard portions of House's case and believes he isn't guilty of murder.
District Attorney Paul Phillips said he plans to retry House with old evidence from the first trial and some new evidence he wouldn't describe. He promises he has "proof beyond a reasonable doubt that Mr. House is guilty or we would not be re-prosecuting him."
For House's mother, it's hard not to think the state is delaying on purpose.
"What I really think, and I'm not the only one, is they just want him to linger in there until he dies. Then it will all go away, they think," Joyce House said recently at her white ranch-style home in Crossville, a town of about 10,000 some 100 miles east of Nashville.
Phillips denied prosecutors are intentionally putting off the case and noted the inmate's doctor testified House could live for decades with his illness.
"They just don't want to admit they made a mistake," Joyce House said. "They're not the only state that's ever made a mistake."
Related listings
-
Federer improves clay-court record
Lawyer Blogs 05/27/2008Roger Federer added another win to his already burgeoning clay-court record this season.Federer improved to 16-3 on clay in 2008 by beating Sam Querrey of the United States 6-4, 6-4, 6-3 Monday in the first round of the French Open, where he is tryin...
-
Court turns down former Illinois governor
Lawyer Blogs 05/27/2008The Supreme Court has rejected former Illinois Gov. George Ryan's appeal of his federal racketeering and fraud conviction.The justices have no comment on their action, in response to Ryan's claim that he and his fellow defendant, businessman Larry Wa...
-
Court rules for older federal workers
Lawyer Blogs 05/27/2008The Supreme Court says a major anti-age bias law protects federal employees who faced retaliation after complaining about discrimination.The court ruled Tuesday 6-3 that a U.S. Postal Service employee may pursue her lawsuit under the Age Discriminati...
Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.
Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.