H 4470 Session 112 (1997-1998)
H 4470 Resolution, By Knotts, Altman, Bauer, Fleming, Gamble, Koon, Limehouse,
Riser, Seithel, Spearman, Stuart and Whatley
A HOUSE RESOLUTION MEMORIALIZING THE FEDERAL JUDICIARY TO ISSUE TIMELY ORDERS
IN DEATH PENALTY CASES SO AS TO ENSURE IN THE FUTURE THAT THE DELAYS
ASSOCIATED WITH THE HANDLING OF THE GILBERT AND GLEATON DEATH PENALTY CASES DO
NOT REOCCUR.
01/22/98 House Introduced HJ-2
01/22/98 House Referred to Committee on Invitations and Memorial
Resolutions HJ-2
A HOUSE RESOLUTION
MEMORIALIZING THE FEDERAL JUDICIARY TO ISSUE
TIMELY ORDERS IN DEATH PENALTY CASES SO AS TO
ENSURE IN THE FUTURE THAT THE DELAYS
ASSOCIATED WITH THE HANDLING OF THE GILBERT
AND GLEATON DEATH PENALTY CASES DO NOT
REOCCUR.
Whereas, Larry Gilbert and J. D. Gleaton in 1977 murdered Ralph
Stoudemire in a senseless killing; and
Whereas, Larry Gilbert and J. D. Gleaton have had two trials
which resulted in two separate death sentences for both men; and
Whereas, the State Supreme Court and the United States Supreme
Court have both upheld their second death sentences in 1982; and
Whereas, Gilbert and Gleaton filed their first state post conviction
relief applications in 1982; and
Whereas, the State Supreme Court upheld their convictions and
sentences in 1983 and the United States Supreme Court upheld
their convictions in 1984; and
Whereas, Gilbert and Gleaton filed federal habeas corpus petitions
in 1984 and United States District Court Judge C. Weston Houck
was assigned the case at that time; and
Whereas, the United States Magistrate issued the Report and
Recommendation in 1985; and
Whereas, Judge Houck issued an order denying relief in 1988; and
Whereas, in 1991 Judge Houck issued an order to vacate the 1988
order resulting in the Gilbert and Gleaton case being sent back to
state court; and
Whereas, in 1991 Gilbert and Gleaton filed a second post
conviction relief application; and
Whereas, in 1992 Judge Houck granted a motion to expedite the
case; and
Whereas, in 1993 the United States Magistrate issued the Report
and Recommendation; and
Whereas, in 1994 the state circuit court issued an order denying
state post conviction relief; and
Whereas, in 1995 the State Supreme Court upheld the convictions
and sentences of Gilbert and Gleaton; and
Whereas, on August 19, 1996, Attorney General Charles Condon
petitioned for a writ of mandamus to force Judge Houck to issue a
ruling; and
Whereas, Judge Houck issued a ruling ordering the retrial or
release of these death row inmates on August 26, 1996; and
Whereas, Judge Houck issued a ruling only seven days after the
writ of mandamus petition when he had the case since 1984 and
granted an order to expedite this case in 1992. Now, therefore,
Be it resolved by the House of Representatives:
That the South Carolina General Assembly memorializes the
federal judiciary to issue timely orders so as not to delay justice.
Be it further resolved, the members of the Senate urge Judge
Houck to comply with his obligation to issue timely orders in both
capital and noncapital cases and respect the rights of victims as
well as defendants in all cases and remind Judge Houck that justice
delayed is justice denied.
Be it further resolved that a copy of this resolution be forwarded to
The Honorable William Rehnquist, Chief Justice of the United
States Supreme Court, and The Honorable C. Weston Houck,
Chief Judge, United States District Court, Post Office Box 2260,
Florence, South Carolina 29503.
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