WASHINGTON, D.C. — The case may be old, but the issues are still relevant, which is why Donald Cameron Clark Jr. wrote “Summary Judgment,” a book account how he got an Alabama man’s afterlife book overturned.
Clark didn’t do it all by himself, though. He had the abetment of a Benedictine nun who is a accomplished lawyer. But neither Sister Lynn McKenzie nor Clark had anytime tackled a basic abuse case before.
“It’s an absorbing story, but I additionally accept it’s got a bulletin that’s pertinent at the moment, that’s why I capital to get the bulletin out,” Clark said in autograph “Summary Judgment.”
Clark, in an Oct. 1 buzz account with Catholic News Service, volunteered to booty a afterlife amends case in post-conviction affairs through the American Bar Association’s Afterlife Amends Representation Project.
“When I was told that it was in Alabama, I said I bare a bounded advocate to abetment me. The bar said they tried, but there is little to no money, and some stigma attached” to apery afterlife amends cases,” he said.
Eventually, Clark was told an Alabama advocate had been begin by the name of Lynn McKenzie. It wasn’t until Clark got to Alabama aback he begin out her name was “Sister” Lynn McKenzie. “Since then, she’s become a baby friend,” he said.
McKenzie told CNS she had gone to law academy for one division afore the alarm to religious activity was so able she abutting the Benedictines at Sacred Heart Monastery in Cullman, Alabama, 40 years ago.
“After I did my antecedent two years as a postulant, the mother above says, ‘Well, what would you like to do? Would you like to go aback to law school?’ ‘You beggarly I can do that?’” she recounted.
Getting a law amount placed aloft McKenzie the albatross to “find a way to accomplish law convenance into a ministry,” she said.
Her aboriginal acknowledged job was with an alloyed beat admiral in Birmingham, Alabama, alleged Greater Beat Ministries. Again she begin a law close that not alone recruited her but let her carve out her own convenance aural the firm’s practice.
McKenzie had been out of law academy for about four years aback the Alabama Prison Project asked if she could abetment some big-city attorneys from Chicago.
“I don’t anticipate I acquainted in over my head. If I was on my own, oh, my God, I’d be afraid to death,” she said, but “I was absolutely committed to demography on this case. I had consistently been adjoin to the afterlife penalty. I still can’t absolutely amount out why we use the afterlife amends to appearance bodies that killing bodies is wrong.”
She added, “I was committed to aggravating to do whatever I could. … As anon as the befalling presented itself, I did not alternate to say yes.”
It’s not as if McKenzie aback became advance admonition in the case. But her bounded ability came in handy.
“At first, I was there to acquaint them about to advice them actually acquisition their way geographically, but it was in the canicule afore GPS and cellphones and all that,” she said, abacus there were “some all-a-quiver places” she had to go to to aggregate advice for the trial. “And then, eventually, it wasn’t that continued that they concluded up blockage actuality at Sacred Heart Monastery with us.”
The aboriginal case seemed accessible and shut. Tommy Hamilton had accepted to cutting a man to afterlife in 1994, was bedevilled in 1995 and bedevilled to afterlife by electrocution.
But “law administration purchased apostate testimony,” Clark said. But this actuality was not brought to ablaze until Clark and McKenzie took on the case.
“You would anticipate all these issues would accept been explored and exhausted,” Clark said. “The court-appointed aegis attorneys at balloon had aloof bootless to accommodated their built-in duties.”
Despite this, the attorneys faced continued odds. “No kidding. No kidding. He had been approved and convicted, bedevilled to death, and all his absolute appeals beat afterwards any success,” McKenzie said. “He had attorneys who I’m abiding did the best they could beneath the affairs they had, but they were not awfully effective. So accepting to appear in afterwards all that was done. It’s article to get a changeabout afterwards all that.”
“When I heard how the articulate altercation went,” she added, “that was the aboriginal time I absolutely had hope. It seemed that the adjudicator who was the best alive in that argument,” Sue Bell Cobb — after arch amends of Alabama Supreme Cloister — “she had absolutely advised the case.
“She knew that there were some problems with this case, and we had an befalling to argue her — and not aloof her, but her colleagues on the court. And that was the aboriginal time that I acquainted we absolutely had a attempt at it.”
The cloister disqualified in Hamilton’s favor. But the case did not about-face the conviction. It alone alone the sentence. In annihilation aesthetics in Alabama, there are alone two sentences, according to Clark: “death by electric armchair at the time, and activity afterwards the achievability of acquittal — and aback they say afterwards the achievability for parole, they beggarly it. Our applicant feared afterlife by incarceration added than afterlife by electrocution.”
Hamilton was eventually freed on parole, Clark said, but is currently in bastille apprehension balloon for authoritative threats adjoin his acquittal officer.
“It’s important for attorneys that we are accommodating to represent our client’s interests, because we accept to accomplish the Constitution work, and the Constitution is congenital on this adversarial cloister system,” McKenzie said, “whether it’s a accepted ancillary or not.”
How To Write A Summary Judgement – How To Write A Summary Judgement
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