红杏视频

The federal writ of habeas corpus provides a remedy for state prisoners who can show that they are in custody in violation of their federal rights, including the right to effective assistance of counsel at trial. Federal courts, however, out of respect for state courts鈥� procedures, will not grant relief if the state courts denied the claim because a petitioner did not comply with a state procedural rule.

Texas death row prisoner Richard Tabler asked a federal court for a new penalty trial because he received ineffective assistance from his trial lawyers. The federal court, however, refused to hear his claim because he had dropped his litigation of the same claim in state court. But Mr. Tabler, who suffers from severe mental impairments, dropped his state appeals in a hearing at which his appointed lawyers refused to participate, leaving him without legal representation.

Our petition asks the Supreme Court to decide whether Mr. Tabler鈥檚 abandonment by his attorneys at a key hearing should 鈥渆xcuse鈥� his non-compliance with a state procedural rule, and thus allow the federal court to review his federal claim: that his trial counsel provided ineffective assistance under the Sixth Amendment to the Constitution.

UPDATE: The Supreme Court denied Richard鈥檚 petition on October 7, 2024, and the state of Texas shortly afterwards scheduled his execution for February 13, 2025. The execution went forward on February 13 as scheduled. Through his faith, writing, and art, Richard used his time on death row for reflection on his past and sincere efforts at personal growth. He used his final statement to express his profound remorse for the pain he had caused and his hope for redemption. Those who knew him best will remember him as a caring person who forged bonds of mutual support with many around him 鈥� inside and outside prison.