U.S. District Judge Kenneth Hoyt has overturned the capital murder conviction...
U.S. District Judge Kenneth Hoyt has overturned the capital murder conviction of a man who fatally shot a motorcycle officer, saying the state trial judge had a "deep-seated and vocal bias" against the defendant.
U.S. District Judge Kenneth Hoyt has overturned the capital murder conviction of a man who fatally shot a motorcycle officer, saying the state trial judge had a "deep-seated and vocal bias" against the defendant.
Hoyt issued an opinion late Friday overturning the conviction of Carl Wayne Buntion, convicted in 1991 of killing officer James Irby during a traffic stop. Hoyt said that state District Judge Bill Harmon deprived Buntion of his constitutional right to a fair trial by bullying his lawyers, meeting privately with prosecutors and deferring to their wishes, and making remarks in court such as he was "doing God's work" by seeing that Buntion was executed.
Buntion was a passenger in a car stopped for a minor traffic violation by Irby while he was on motorcycle patrol June 27, 1990.
Buntion has never disputed the fact that he shot and killed officer Irby that day. Since the beginning he has maintained that he was acting in self defense.
The state must retry or release Buntion within 180 days if there is no appeal to the 5th U.S. Circuit Court of Appeals.
Hoyt issued an opinion late Friday overturning the conviction of Carl Wayne Buntion, convicted in 1991 of killing officer James Irby during a traffic stop. Hoyt said that state District Judge Bill Harmon deprived Buntion of his constitutional right to a fair trial by bullying his lawyers, meeting privately with prosecutors and deferring to their wishes, and making remarks in court such as he was "doing God's work" by seeing that Buntion was executed.
Buntion was a passenger in a car stopped for a minor traffic violation by Irby while he was on motorcycle patrol June 27, 1990.
Buntion has never disputed the fact that he shot and killed officer Irby that day. Since the beginning he has maintained that he was acting in self defense.
The state must retry or release Buntion within 180 days if there is no appeal to the 5th U.S. Circuit Court of Appeals.
— SOURCES
- (Sources: Associated Press, Houston Chronicle, 28/04/2006)