No. 18-9746

Marion Wilson, Jr. v. Benjamin Ford, Warden

Lower Court: Georgia
Docketed: 2019-06-20
Status: Denied
Type: IFP
IFP
Tags: capital-case criminal-procedure death-penalty due-process eighth-amendment fair-trial intent jury-instructions prosecutor-misconduct prosecutorial-misconduct standing
Latest Conference: N/A
Question Presented (from Petition)

Whether a prosecutor may secure a death sentence by presenting knowingly false and/or misleading argument to the jury that argues falsehoods about the defendant's culpable acts in order to incite the jury to impose the death penalty?

Whether Marion Wilson may be executed where there is insufficient evidence that he killed, intended to kill, or engaged in conduct leading up to the murder that reflected reckless indifference, and where evidence obtained post-conviction demonstrates that the prosecutor engaged in misconduct in order to secure the death penalty?

Question Presented (AI Summary)

Are due process and the Eighth Amendment violated when a prosecutor knowingly argues falsehoods about the defendant's culpable acts in order to incite the jury to impose the death penalty?

Docket Entries

2019-06-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 22, 2019)
2019-06-20
Application (18A1346) for a stay of execution of sentence of death, submitted to Justice Thomas.
2019-06-20
Brief of respondent Benjamin Ford in opposition filed.
2019-06-20
Application (18A1346) referred to the Court.
2019-06-20
Application (18A1346) denied by the Court.
2019-06-20
Petition DENIED.

Attorneys

Benjamin Ford
Patricia Beth BurtonState Law Department, Respondent
Marion Wilson
Marcia A. WidderGeorgia Resource Center, Petitioner