11th U.S Circuit Court of Appeals Denies Petition from Georgia Death Row Inmate

[WABE broadcast version.  For our earlier news story posted after the decision was released, click here.]

Hill’s attorneys were seeking permission to file another petition in order to get a hearing based on new evidence.

That evidence was the reversal of diagnosis by three doctors who originally determined Warren Hill Lee was not, by the state’s standard, mentally retarded.

The original assessment was 13 years ago.

Since then, those three state appointed physicians have changed their evaluations.

WABE legal analyst Page Pate says despite Hill’s desire to present new evidence, by a 2 to 1 vote, the panel of three judges denied that request.

“They will not allow Mr. Hill’s lawyers to go back to federal court to present this evidence and make this argument that now that everyone has agreed that he’s mentally retarded, under Georgia law, that he should not be executed. He cannot make that argument now in federal court.”

While federal law prohibits the execution of those now deemed mentally disabled, in Georgia that must be proven beyond a reasonable doubt.

As for remaining legal options, Pate says any and all arguments will probably be raised by Hill’s attorneys to stop the execution.

“So I think they’ll gather up everything, put it all in a basket and send it to Washington and hope for some relief.”

That would mean a favorable ruling, for Hill, by the United States Supreme Court.

In a statement, one of Hill’s attorneys, Brian Kammer said the 11^th Circuit’s denial was deeply disappointing in that procedural barriers would prevent “compelling new evidence” to be considered.

The denial now allows for a death warrant to be signed by a judge.

Link to the text of the complete ruling (PDF):  In re: WARREN LEE HILL, JR., Petitioner, Case No. 13-10702