Member Center

The Main Stream

Court declines appeal for death row inmate

Posted: Nov 21, 2012 6:20 PM by Associated Press

Bookmark and Share
Rating:

0.0 (0 votes)

PHOENIX (AP) - A federal appeals court on Wednesday declined to have a larger panel of judges consider an Arizona death-row inmate's appeal that had already been turned down by a three-judge panel.

The 9th U.S. Circuit Court of Appeals in San Francisco said its judges voted against the rehearing request submitted on behalf of Richard Dale Stokley. The appeals court on Nov. 15 denied Stokley's request for a hearing with a 2-1 ruling.

Stokley, 60, is scheduled to be executed Dec. 5 at the state prison in Florence for the murders of two teenage girls in rural Cochise County two decades ago.

At issue is whether the court system has adequately considered possible evidence for leniency in sentencing of Stokley.

Stokley's current lawyers argued that he's entitled to new proceedings on his claim that a previous attorney effectively abandoned him by not representing his interests early in the appeals process.

Lawyers for the state told the appeals court that Stokley and the attorney disagreed on strategy but that she did not abandon him.

Stokley was sentenced to death for the 1991 killings of Mandy Meyers and Mary Snyder, two 13-year-old girls who were raped and strangled. Randy Brazeal, another man convicted in the killings, was released in July 2011 after serving a 20-year sentence.

A judge on the three-person panel said Stokley was entitled to a hearing because he showed there was an indication that his former lawyer had abandoned Stokley's interests. However, the panel's other two judges said the Arizona Supreme Court apparently did consider the possible evidence of his good behavior in jail and his difficult childhood, and that Stokley hadn't proved he was actually harmed.

Stokley has said he won't ask a state board for clemency because such a request would be futile.

Dale Baich, a federal public defender now helping to represent Stokley, said an appeal to the U.S. Supreme Court is possible.

Comments

KVOA.com is Social!

Most Popular

DON'T MISS THESE!

Thumbnail
FC TUCSON

Check out the latest events FC Tucson has scheduled.

Thumbnail
SEASON 4 HOPE

Help those in need this holiday season

Thumbnail
SUBMIT NEWS TIP

Click here to submit a news tip to us!

Thumbnail
NEWS 4 TUCSON ON FACEBOOK

Become a Facebook Fan!

Thumbnail
@KVOA ON TWITTER

Follow us!

Thumbnail
BECOME A MEMBER

Sign up on KVOA.com for newsletters, exclusive deals, and more!

Thumbnail
KVOA.COM LATEST CONTESTS

Win! Win! Win!

Thumbnail
KVOA MOBILE APPS

Get news, weather and more on your smartphone and tablet!

Thumbnail
TEXT ALERTS

Get texts for news, traffic, deals and more!

Thumbnail
KRISTI'S KIDS

Stories and videos with Kristi's Kids

Thumbnail
NEWS 4 TUCSON @ 4

What's happening on News 4 @ 4

Thumbnail
ADVERTISE WITH KVOA.COM

Let us help grow your business

Thumbnail
COMMUNITY CALENDAR

What's happening?

Thumbnail
KVOA PROGRAM SCHEDULE

What's on KVOA and when!

Thumbnail
CONTACT US

Contact info for our department heads

Thumbnail
FCC ONLINE PUBLIC FILE

FCC Public File of Records, Reports, and More

Thumbnail
MEET US!

KVOA's on air personalities!

Thumbnail
KVOA CAREERS

Work at News 4 Tucson

Thumbnail
RSS FEEDS

Complete feeds of all KVOA.com stories