The Battalion. (College Station, Tex.) 1893-current, April 23, 2003, Image 6

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Wednesday, April 23, 2003
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Justices to consider lawyer performancAir
By Anne Gearan
THE ASSOCIATED PRESS
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WASHINGTON — Supreme
Court justices could use an
appeal from one of Texas’
longest-serving death row
inmates to re-examine rules for*
evaluating whether a lawyer’s
poor performance affects the out
come of a trial.
Delma Banks claims his orig
inal lawyer failed to do all he
could to save him from a death
sentence, and that prosecutors sat
on evidence that undermined the
state’s case.
The court stepped in to tem
porarily spare Delma Banks’ life
minutes before his scheduled
execution in March, and will now
hear his full appeal. The court
will hear Banks’ case next fall.
The court is already looking at
a separate case that could restate
similar rules that measure a
lawyer’s competence.
Both cases address an issue
that has troubled at least two
Supreme Court members.
Justices Sandra Day O’Connor
and Ruth Bader Ginsburg have
questioned the quality of some
lawyers assigned to represent
poor defendants like Banks.
Death penalty opponents say
such lawyers are often ill-pre-
' pared and may have little experi
ence with complex capital cases.
Under the Constitution’s Sixth
Amendment and previous
Supreme Court rulings, every
defendant is entitled to an effec
tive lawyer.
“These very important cases
are being tried by some prosecu
tors who are cheating and some
defense lawyers who are not liv
ing up to the Sixth Amendment,”
said one of Banks’ new lawyers,
George Kendall of the NAACP
Legal Defense and Educational
Fund. “You have both those ele
ments in this case.”
Banks claims his original
lawyer never told the jury about
Banks' family and background
that might have persuaded a jury
to choose a sentence of life in
prison.
These very
important cases are
being tried by some
lawfulness of the state’s supp
sion of a transcript revealing
the state’s key witness
unworthy of belief,” Banks';
lawyers wrote.
Banks was convicted in
of killing Richard Whitehe;
prosecuters who are
cheating...
— George Kendall
appellate lawyer for Banks
He also claims prosecutors
improperly withheld evidence
that calls into question testimony
of a key witness for the state. The
witness later recanted parts of his
testimony and hid the fact that
another trial witness was a paid
informant.
“In this capital proceeding,
some court should review the
FORT W(
kmerican A
nd chief ext
16-year-old former co-woii{ "ally says he
a fast-food restaurant,
had no previous convictions;
maintains his innocence.
Witnesses reported sec
Banks with the victim
he was shot, and driving thei
tim’s car afterw-ard. Proseot
say the case against Bank
solid, and that time already!
run out for Banks to makes
more appeals.
The case has attraa
es would ac
etain key e>
uror over m
las left Ameri
or bankruptc
On Monda
American’s tl
aid it would 1
in the compan
abor costs by
The Tra
Jnion joined
national media attention ais )ro ^ ess ' ona *
group of prominent suppore
Former FBI Director Willi
Sessions, also a one-timefea
al judge in Texas, joined
former judges and a prosecii
in asking the high court lok
the case.
Editors
Continued from page 1A
“It’s all about making this paper as fair and
accurate as it can be.”
Plans currently in the works on Bunce’s
agenda include opening up the opinion page
to more mail call, possibly featuring a
weekly column from a student leader rotat
ing between organizations such the
Graduate Student Council, the Memorial
Student Center, the Student Government
Association and Residence Hall
Association, recruiting for The Battalion
from every organization, particularly those
traditionally under-represented, and imple
menting a new position on the news desk
with the sole purpose of dealing with diver
sity issues and minority affairs.
Bunce has not forgotten the February
Battalion forum in which students shared
concerns and criticisms of The Battalion.
People will get that voice they have been
crying for, Bunce said. The Battalion wants
people writing from diverse backgrounds
who will bring with them their own life
experiences and perspectives, she says.
Following graduation, Bunce plans to
attend graduate school for media studies at
the University of Missouri or the
University of Texas, but not before her
August wedding.
“I am very committed to the things I do,
and being married is just one more sign that
I am invested in whatever lies before me,”
Bunce said.
Before Bunce takes the position. Brown,
a junior agriculture journalism major, has
his own summer plans for The Battalion.
“What I am excited by most of all is
meeting student leaders and learning their
concerns about The Battalion " Brown said.
“In the past, some editors have not gotten to
know those they are responsible for writing
about, and that is going to change.”
Brown began working for The Battalion
in Spring 2001 as a sportswriter and has
held the positions of assistant sports editor,
sports editor, radio producer and executive
editor.
Brown said his focus this summer will be
meeting as many people as possible and
mending some of the fences with student
leaders.
“There will be a once-a-month 'chat and
chew’ session where student leaders and stu
dents can come and voice concerns,” Brown
said. “This will be a good way to all^et
know each other.”
After a May 2004 graduation, BpAnembers wei
hopes to hold his dream job of coven nay and bene
Aggie sports for a daily newspaper.
Serving as editor of the Aggieland
not he Crawford’s first time in theposi
as he was also the yearbook editor all
Houston high school his senior year.
“I hope that the 2003 Aggieland
cover not just the University but alsoew
going on in Bryan and the surrouK insurance and
area,” Crawford said. “Higher quality^
tography is also something that I would!
to see in it.”
Crawford has worked on the Aggiel
staff in the past as a writer, designer:
sports section editor.
Although he considered double major
in journalism. Crawford is a biology
planning to attend medical school.
Much of the planning for the ye<
will be done in the summer, and Crawfori
currently pondering a theme for thes
Aggieland.
Diversity and where A&M is header:
the next 20 years is interesting and
By Dav
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