Michael Wayne Richard
Encyclopedia
Michael Wayne Richard was a rapist
and murder
er whose execution
gained notoriety because of procedural problems.
On 18 August 1986, in Hockley, Texas
, while on parole
for motor vehicle theft
, Richard entered the home of Marguerite Dixon, stole two television
sets, raped Dixon, fatally shot her, and then stole her van
.
In the wake of the Supreme Court of the United States
expressing interest in the question of the constitutionality
of lethal injection
s, on the same day that the execution was scheduled, Richard's lawyers sought a stay of execution. The stay request had to be filed with the Texas Court of Criminal Appeals
in Austin
. The execution was scheduled for 6 PM
, but the court's clerks office, where motions are usually filed, was scheduled to close at 5 PM, and refused to remain open beyond then to allow a later filing. Richard's lawyers claimed that, because of a computer failure, they did not reach the Court of Criminal Appeals until about 5:20 PM. Although there was a judge on call to receive emergency stay motions, and although Texas law would have allowed the stay application to be filed with any judge of the court, the lawyers did not attempt to contact any of them. Richard was subsequently executed at 8:23 PM on September 25, 2007.
On 19 February 2009, the Texas State Commission on Judicial Conduct brought seven charges against Judge Sharon Keller
, alleging ethical improprieties in Keller's handling of the case. The Special Master
assigned to the case found the Texas Defender Service to be primarily at fault in the failure, and although he concluded that Keller's actions were inadequate, found that she had violated no standard and recommended no further punishment. The Special Master's findings cast doubt on a number of the reported issues in the case. He concluded that there was no evidence that the Texas Defender Service suffered any significant computer failure; although news reports had mentioned multiple "crashes," the only claim that the TDS repeated during the hearings was that there had been some problems with an internal email service, and no documentation was produced about even that. Contrary to one of Richard's lawyers' earlier comment about the court refusing to stay open "20 minutes," the Special Master found that the filings were not ready until 5:56, with the execution authorized any time after 6:00. He also found fault with the attorneys for assigning only a junior attorney to prepare the documents; for delaying 2 hours past the US Supreme Court's grant of certiorari in Baze v. Rees
, the case that would eventually determine the constitutionality of the execution procedure, before even discussing preparing a motion in Richard's case; and for relying on paralegals to contact the clerk's office about the filing, without any attorneys attempting to directly contact a judge or the Court of Criminal Appeal's General Counsel. The Special Master also criticized the TDS for "causing a public uproar against Judge Keller, much of which was unwarranted."
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
and murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
er whose execution
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
gained notoriety because of procedural problems.
On 18 August 1986, in Hockley, Texas
Hockley, Texas
Hockley, Texas is an unincorporated community located in Harris County, Texas, United States along on Texas State Highway 6, approximately five miles southeast of the city hall of Waller, and thirty-six miles northwest of Downtown Houston....
, while on parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
for motor vehicle theft
Motor vehicle theft
Motor vehicle theft is the criminal act of stealing or attempting to steal a motor vehicle...
, Richard entered the home of Marguerite Dixon, stole two television
Television
Television is a telecommunication medium for transmitting and receiving moving images that can be monochrome or colored, with accompanying sound...
sets, raped Dixon, fatally shot her, and then stole her van
Van
A van is a kind of vehicle used for transporting goods or groups of people.In British English usage, it can be either specially designed or based on a saloon or sedan car, the latter type often including derivatives with open backs...
.
In the wake of the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
expressing interest in the question of the constitutionality
Eighth Amendment to the United States Constitution
The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...
of lethal injection
Lethal injection
Lethal injection is the practice of injecting a person with a fatal dose of drugs for the express purpose of causing the immediate death of the subject. The main application for this procedure is capital punishment, but the term may also be applied in a broad sense to euthanasia and suicide...
s, on the same day that the execution was scheduled, Richard's lawyers sought a stay of execution. The stay request had to be filed with the Texas Court of Criminal Appeals
Texas Court of Criminal Appeals
The Texas Court of Criminal Appeals is the court of last resort for all criminal matters in the State of Texas, United States. The Court, which is based in the Supreme Court Building in Downtown Austin, is composed of a Presiding Judge and eight judges....
in Austin
Austin, Texas
Austin is the capital city of the U.S. state of :Texas and the seat of Travis County. Located in Central Texas on the eastern edge of the American Southwest, it is the fourth-largest city in Texas and the 14th most populous city in the United States. It was the third-fastest-growing large city in...
. The execution was scheduled for 6 PM
12-hour clock
The 12-hour clock is a time conversion convention in which the 24 hours of the day are divided into two periods called ante meridiem and post meridiem...
, but the court's clerks office, where motions are usually filed, was scheduled to close at 5 PM, and refused to remain open beyond then to allow a later filing. Richard's lawyers claimed that, because of a computer failure, they did not reach the Court of Criminal Appeals until about 5:20 PM. Although there was a judge on call to receive emergency stay motions, and although Texas law would have allowed the stay application to be filed with any judge of the court, the lawyers did not attempt to contact any of them. Richard was subsequently executed at 8:23 PM on September 25, 2007.
On 19 February 2009, the Texas State Commission on Judicial Conduct brought seven charges against Judge Sharon Keller
Sharon Keller
Sharon Faye Keller is the Presiding Judge of the Texas Court of Criminal Appeals, the highest court for criminal matters in the State of Texas.- Education and early career :...
, alleging ethical improprieties in Keller's handling of the case. The Special Master
Special master
In law, a special master is an authority appointed by a judge to make sure that judicial orders are actually followed.In England, at common law, there were "Masters in Chancery," who acted in aid of the Equity Courts. There were also "Masters in Lunacy," who conducted inquiries of the same nature...
assigned to the case found the Texas Defender Service to be primarily at fault in the failure, and although he concluded that Keller's actions were inadequate, found that she had violated no standard and recommended no further punishment. The Special Master's findings cast doubt on a number of the reported issues in the case. He concluded that there was no evidence that the Texas Defender Service suffered any significant computer failure; although news reports had mentioned multiple "crashes," the only claim that the TDS repeated during the hearings was that there had been some problems with an internal email service, and no documentation was produced about even that. Contrary to one of Richard's lawyers' earlier comment about the court refusing to stay open "20 minutes," the Special Master found that the filings were not ready until 5:56, with the execution authorized any time after 6:00. He also found fault with the attorneys for assigning only a junior attorney to prepare the documents; for delaying 2 hours past the US Supreme Court's grant of certiorari in Baze v. Rees
Baze v. Rees
Baze v. Rees, 553 U.S. 35 , was a United States Supreme Court case. The court agreed to hear the appeal of two men, Ralph Baze and Thomas Bowling, who were sentenced to death in Kentucky. The men argue that executing them by lethal injection would violate the 8th Amendment prohibition of cruel and...
, the case that would eventually determine the constitutionality of the execution procedure, before even discussing preparing a motion in Richard's case; and for relying on paralegals to contact the clerk's office about the filing, without any attorneys attempting to directly contact a judge or the Court of Criminal Appeal's General Counsel. The Special Master also criticized the TDS for "causing a public uproar against Judge Keller, much of which was unwarranted."