Read on Twitter
Tomorrow morning, the Supreme Court will meet to decide whether to consider the case of Phillip Tomlin, a man who served 14 years on Alabama& #39;s death row for a crime that was not eligible for the death penalty.
Tomlin has been in prison more than 40 years, now serving life without parole, and he wants to explain to a federal judge why he is entitled to a shot at parole. But he can& #39;t. https://cccct.law.columbia.edu/content/life-prison-without-parole">https://cccct.law.columbia.edu/content/l...
In the federal system, you have to ask for permission to appeal. It& #39;s called a Certificate of Appealability, or COA. It& #39;s basically like knocking on the door and asking a judge to let you in so you can make your argument. When Tomlin knocked on the door, the judge said no.
Whether you get a COA is like playing the lottery, Tomlin& #39;s lawyers say: some judges grant them <3% of the time. Some, >25%. The decisions are supposed to be based on the merits of your argument. But they appear to be based on luck. https://twitter.com/BernardHarcourt/status/1265382337778454528?s=20">https://twitter.com/BernardHa...
What& #39;s more, in some circuits, a single judge decides whether to grant a COA. In other circuits, 3 judges meet and decide together. If any one of the judges thinks you deserve a COA, you get it. That means some prisoners get 3x as many chances to be heard.
In a way, the case is sort of meta: Tomlin is arguing about whether he& #39;s able to make his argument. But it& #39;s also about basic fairness: why should a roll of the dice determine whether you get to explain to a judge that you& #39;re locked up unfairly?
Because that& #39;s what this is about: habeas corpus petitions, the legal equivalent of saying, you have no right to lock me up. If you think you do, prove it.
Separate from his SCOTUS petition, btw, Tomlin& #39;s case is CRAY. He was convicted of murder *4 times,* the first in 1978. 3 times the conviction was overturned due to misconduct. 2 of the 3, the *same prosecutor* committed the misconduct.
It is *extremely unusual* to have a case reversed due to prosecutorial misconduct. For a judge to do this *twice*—in *Alabama*—is practically unheard of. This guy (and his brother) are infamous among prosecutor-watchers. https://www.prosecutorialaccountability.com/2017/01/05/the-brothers-valeska-merchants-of-constitutional-demise/">https://www.prosecutorialaccountability.com/2017/01/0...
Then there& #39;s his judge. His name was Ferrill McRae. (He had a twin brother named Merrill McRae, also a judge, if I& #39;m not mistaken. But that& #39;s neither here nor there.) He is also famous in certain circles, not for good reasons. https://prospect.org/features/judge-lynch-mob/">https://prospect.org/features/...
Until 3 years ago, in Alabama, even if a jury determines you should get a life sentence, a judge could override them and sentence you to death anyway. McRae was one of the judges most likely to do this. https://www.themarshallproject.org/2016/12/07/in-alabama-you-can-be-sentenced-to-death-even-if-jurors-don-t-agree">https://www.themarshallproject.org/2016/12/0...
In one of Tomlin& #39;s trials, McRae overrode the jury and sentenced Tomlin to death, even though the death penalty statute at the time did not allow it.
