Today the state filed petitions with four different courts in order to proceed with the execution of Warren Lee Hill, Jr.
Two temporary stays were granted last night.
One of the four filings from Georgia’s attorney general was in the United States Supreme Court.
In the petition, the state is asking the high court to vacate the stay of execution granted by the 11th Circuit Court of Appeals.
The state argues Hill has already raised his claim of mental retardation through previous filings.
However, in the 11th Circuit Court’s decision, both sides will be given an opportunity to file briefs supporting their claims.
The state Attorney General’s move baffles criminal defense attorney and WABE legal analyst Page Pate.
“It doesn’t matter what your position on the death penalty is whether you’re for or against it, whether you don’t believe Mr. Hill has a legitimate argument to avoid it; you should still respect the court’s briefing schedule and at least allow the court to make a legal determination on the merit, under the applicable law and either grant Mr. Hill a hearing or not.”
The 11th Circuit has ordered Hill to file a brief within 15 days of Tuesday’s order.
Then, the state has 10 days to file a response and Hill another 5 days to file a reply.
The state attorney general’s office does not comment on cases pending in court.
Still, Page Pate says he wonders what the rush is to execute Warren Lee Hill, Jr.
“I cannot imagine the U.S Supreme Court stepping into this case and saying no the 11th Circuit cannot consider these briefs, the 11th Circuit cannot consider a second subsequent habeas petition in this case and we’re going to step in and stop that.”
The high court doesn’t have to rule or even respond to the state’s petition.
Hill’s attorneys are seeking permission to file a second petition for writ of habeas corpus based on new evidence supporting his mental retardation claim.
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