Calvin Jerold Burdine
(March 28, 1953 - living) U.S.A.
Inmate
W. T. "Dub" Wise was robbed and killed on April 18, 1983 in his house in Houston, Texas. Burdine and Wise had a homosexual relationship and lived together for three months. Calvin Burdine admitted that he was there when W.T. Wise was killed and he also said that he had known that a robbery was planned. But evidence point to accomplice Douglas McCreight as the one who did the murder.
Douglas McCreight pleaded guilty of murder. Calvin Burdine pleaded not guilty, but in trial the jury found him guilty. Calvin Burdine was sentenced to death, Douglas McCreight was released on parole after 8 years in prison.
There is no doubt that Calvin Burdine's attorney, Joe Frank Cannon, felt asleep during important parts of the trial. The legal issue is, whether a sleeping lawyer is able to provide the effective legal support demanded by the US constitution.
September 29, 1999 US federal judge David Hittner ruled, that a sleeping lawyer is equivalent to no lawyer at all. Hittner overturned conviction and death sentence and gave 120 days to the prosecution to start a new trial. These 120 days went by and nothing happened. Judge Hittner ordered to release Calvin Burdine.
Nothing happened... till October 27, 2000 the 5th Circuit Court of Appeals re-enacted conviction as well as death sentence. The three judges panel ruled: A lawyer who falls asleep from time to time does not violate the right of a fair trial under the constitution. The Republican judges also wrote in the opinion that they would not presume that a lawyer is ineffective because of alcohol abuse, addiction to illegal drugs, Alzheimer's disease, mental illness, or intoxication during the trial.
Rob Wiley, a gay attorney practicing in Dallas, Texas, explains the politics behind the decision:
"Most of our federal judges in Texas are Reagan and Bush appointees. They are very conservative. A lot of folks forget that the President appoints all the federal judges, not just the Supreme Court. Texas hasn't had a Democratic Senator in a while, so these ultra-conservative judges keep slipping through.
"Judge Rhesa Hawkins Barksdale, who wrote the opinion, is a Bush appointee. Edith Jones was appointed by Reagan. Jones is an articulate, conservative woman who graduated from Cornell University and the University of Texas Law School. Sure as sure can be, Jones is on George W. Bush's short list for Supreme Court nominees. Judge Fortunato P. Benavides, a Clinton appointee, was the sole dissenting judge."
Calvin Burdine's attorney appealed this decision. When asked about the case of Calvin Jerold Burdine, GOP presidential candidate Texas Gov. George W. Bush snickered.
TIMELINE
23rd of Januar 1984
the murder trial against Calvin starts
27th of Januar 1984
Sentencing phase of the trial - Calvin's defender Joe Frank Cannon presents no mitigating fact and remains silent. Calvin's defender speaks only 29 minutes to avoid a death sentence. After around 2-1/2 hours of deliberation the jury came to the point of view that Calvin deserves the hardest punishment: Death by lethal injection.
15th of October 1986 - 1. execution date - stay
15th of October 1986
The Texas Court of Criminal Appeals confirmes the conviction.
4th of May 1987
Petition for a hearing is denied by the US Supreme Court
22nd of July 1987
Habeas Corpus Appeal is filed in federal court
4th of August 1987 - 2. execution date - stay
7th of October 1987 - 3. execution date - pseudo execution - stay
12th - 14th of September 1993
Evidentiary Hearing by the District Court of Houston
29th of June 1994
Habeas Corpus Appeal denied
17th of January 1995 - 4. execution date - stay
3rd of February 1995
Evidentiary hearing was again held in State District Court, on Calvin's claim that defense counsel, Joe Frank Cannon, slept during major portions of his trial, which caused defense counsel ineffective. The court finds that Calvin's claim that his counsel was ineffective at sentencing as well as during the trial itself, has been essentially raised and rejected in his prior petition for writ of habeas corpus. The Court finds that Calvin's contention speculative that at least [2] jurors would have voted differently during the punishment phase of Calvin’s trial, if defense counsel Joe F. Cannon has presented evidence during the trial and during punishment.
28th of February 1995 - 5. execution date - stay
3rd of April 1995 - 6. execution date - stay
4th April 1995
Regarding Calvin's claim that defense counsel, Joe Frank Cannon, repeatedly dozed and actually slept during his trial on the merits, this court finds, and concludes, that Calvin has demonstrated that his conviction was unlawfully obtained. Accordingly, it is recommended to the Texas Court of Criminal Appeals, that relief be granted in this case.
April 1995
The Texas Court of Criminal Appeals sends the complete case back to the Houston District Court and recommends a new trial.
September 1999
U.S. District Judge David Hittner accepted Calvin Burdine's Petition for U.S. Federal Writ of Habeas Corpus, ruling that "[a] sleeping lawyer is equivalent to no lawyer at all." Judge Hittner specifically decreed the following: "[I]t is ORDERED that the State of Texas SHALL EITHER RETRY OR RELEASE Burdine within 120 days of the date of the entry of this order."
27th October 2000
U.S. Court of Appeals for the Fifth Circuit's decision to reverse U.S. District Judge David Hittner, reinstating Calvin Burdine's conviction and death sentence.
13th August 2001
The complete 5th Circuit Court of Appeals lifts the conviction and grants a new trial.
January 2002
The prosecution lets no doubt, they want to see Calvin die and therefore appeals to the US Supreme Court. It can need 6 to 8 months for the Supreme court to finally rule about a new trial for Calvin.
3rd June 2002
The US Supreme court denies the appeal of the state of Texas. This means Calvin gets a new trial or they have to release him.
2nd July 2002
In a letter Calvin writes that the state is pushing to have the new trial fast. They want to start already in October to select the jury. Calvin is now in Houston County Jail.
3rd July 2002
The judge refuses to appoint the lawyer who handled Calvin's case for 15 years to represent him in the new trial.
22nd July 2002
The start of the new trial is set for October 7, 02. The judge will appoint an attorney, who worked on the case never before.
15th August 2002
The Texas Court of Criminal Appeals denies Calvin's request for appointing Robert McGlason - who works on the case for 15 years - as attorney for the new trial.
29nd August 2002
96 days from charging till starting the trial is too less to prepare a competent defense. D. Recer, who works for Calvin since short - demands a delay of the start of the trial.
September 2002
ACLU sues at federal court to keep Robert McGlasson as Calvin's attorney. 40 attorney of Harris County (members of the local bar) write an open letter to get a delay of the trial.
20th September 2002
Judge Huffman delays the trial till March 3rd, 2003.
Spring 2003
The start of the trial is delayed till August.
June 2003
The state offers a deal to the defense. Calvin has to plea guilty and there will be no trial. This means no danger of a new death sentence, but also it means life in prison. Calvin's lawyers advises him to take the deal. In Harris County many death sentences are spoken and therefore the danger of a new death sentence is high. Also the defense has no money...
19th June 2003
Calvin accepts the deal of the state.
| 
