Harris By and Through Ramseyer v. Blodgett
Decision Date | 17 May 1994 |
Docket Number | No. C89-307TB.,C89-307TB. |
Citation | 853 F. Supp. 1239 |
Parties | Benjamin J. HARRIS, III, by and through Judith H. RAMSEYER, Guardian ad litem, Petitioner, v. James BLODGETT, Superintendent Washington State Penitentiary, Respondent. |
Court | U.S. District Court — Western District of Washington |
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Allen M. Ressler, Browne & Ressler, Seattle, WA, for petitioner.
Katrin E. Frank, MacDonald, Hoague & Bayless, Seattle, WA, guardian ad litem for petitioner.
John M. Jones and Paul D. Weisser, Washington State Atty. General's Office, Olympia, WA, for respondent.
THIS MATTER comes before the court on Benjamin A. Harris's Petition for Writ of Habeas Corpus. The court has considered all pleadings filed in support of and in response to the petition, the evidence adduced at an evidentiary hearing held on Monday, December 20, 1993, including the depositions of Thomas Haist, Richard Cease, John Petrich, M.D. and Allen W. Traywick, Ph.D. The court heard oral arguments of counsel at that hearing and at prior hearings on motions. The court also considered the state court record filed herein, Volumes 1 to 12, trial exhibits, and the U.S. District Court file. The parties entered into a Stipulation of Facts with accompanying documents, filed on October 25, 1993, which is fully incorporated herein by this reference. The Stipulation is attached hereto as Appendix A.
This is not a search for legal technicalities. It is not a search for justification to take, or save, a life. It is not a case about the legal, moral, or social implications of the death penalty. It is not a review of a state case for simple legal error. Neither the question of Harris's guilt nor the advisability of a death sentence will be reexamined here.
This is a review of a state proceeding to determine if federal constitutional requirements were met, and to determine the affect of any constitutional violations on the state proceedings. It is appropriate, under the law, to undertake this procedural review for any person who has lost freedom as a result of a criminal conviction in any court in the United States. Even if petitioner is guilty in fact, and even if he should be put to death, American law says that such a conviction and sentence will not stand unless, and until, the conviction and sentence are determined to be in accord with the U.S. Constitution.
The writ of habeas corpus was first written into English law in 1679, although it...
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