Posted on 05/12/2005 3:01:30 PM PDT by SmithL
The state Supreme Court today gave notorious Knoxville killer Christa Gail Pike the green light to resume appeals of her conviction and death sentence.
Pike, convicted in the 1995 torture slaying of Job Corps student Colleen Slemmer, dropped her appeals and demanded that she be put to death but later changed her mind.
Knox County Criminal Court Judge Mary Beth Leibowitz ruled that Pike knew what she was doing when she dropped her appeals and had no right to resume them. The state Court of Criminal Appeals later agreed.
The state's highest court said in an opinion authored by Chief Justice Frank F. Drowota III and released today that mentally competent "death-sentenced inmates" can drop their appeals.
But in a narrowly-defined ruling, the court said that Pike's case was distinct because she changed her mind on the "29th day" after Leibowitz's ruling, which did not become final until 30 days after it was issued.
"Our holding does not apply to death-sentenced inmates who attempt to manipulate and to delay the judicial process by repeatedly seeking to waive and thereafter to reinstate post-conviction (appellate) review," the opinion stated.
Pike's attorney, state Post-Conviction Defender Donald E. Dawson, said Pike "was excited" by the ruling and eager to renew her appeals.
John Gill, special counsel to Knox County District Attorney General Randy Nichols, said Nichols was "disappointed" by the ruling.
"It seems like these cases never end," he said.
The case now will head back to Leibowitz's court for a hearing on various issues Pike's legal team have raised.
What an ingenius stall tactic. Say you don't want any more appeals, the state or other groups may try to appeal for you, after all that is played out legally change your mind and start the appeal process fresh from where you left off 10 years ago. All the while costing the state $100,000 a year to live on death row.
So, just to clarify: a murderer was sentanced to death. She accepted the death penalty. Suddenly-- the criminal chages her mind! Now, she tries to overrule the judges. The Supreme Court suddenly stepped in and shoved aside everybody who was fit to handle the case.
My question: since when have the criminals been allowed to decide their fate?
Thanks,
Brian Locke
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