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Petra
TX: Swearingen requests --- DA’s office focused on execution
Mon Mar 17, 2014 15:05
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Swearingen requests hearing on DNA testing; DA’s office focused on execution date
Posted: Saturday, March 15, 2014 11:07 pm
By Howard Roden

Attorneys for convicted killer Larry Ray Swearingen filed opposition to the state’s motion to set an execution date, arguing the Court of Criminal Appeals remanded the case for further proceedings.

A motion was filed in early March with the state of Texas for a tentative execution date of April 24. However, Swearingen “respectfully” requested a hearing in the 9th state District Court of Judge Kelly Case the week of May 12.

That hearing, if approved, would consider the effect of the appeals court’s remand on DNA testing, as well as the state’s request for an execution date, said James Rytting, Swearingen’s attorney.

“If they (the CCA) wanted to issue an execution date they could have established one by themselves,” Rytting said.

Swearingen was convicted for the murder of 19-year-old Melissa Trotter. She was last seen leaving the Montgomery College campus with Swearingen on Dec. 8, 1998. Her body was found by hunters in the Sam Houston National Forest Jan. 2, 1999, north of Lake Conroe.

Trotter’s death was determined to be a homicide, and that she was sexually assaulted then strangled by piece of pantyhose.
Bill Delmore, appellate attorney with the Montgomery County District Attorney’s Office, said Swearingen’s attorneys have started “grasping at straws.”

In their opposition to the state’s request for an execution date, Swearingen’s attorneys contend where the Court of Criminal Appeals has remanded the case for additional proceedings, it “would be an abuse of discretion” to ignore the “plain language” of the opinion issued by the appellate court in this case and instead set an execution date.

However, Delmore said Swearingen’s case was remanded back to the district court in Montgomery County to deny future requests for DNA testing, and to set an execution date.

A briefing schedule for both parties regarding the effect of the appeals court’s remand was suggested by Rytting on or before May 2.

http://www.yourhoustonnews.com/woodlands/news/swearingen-requests-hearing-on-dna-testing-da-s-office-focused/article_a64dfdcd-3c41-5066-84dd-8b31d3972898.html

  • TX: LARRY RAY SWEARINGEN, AppelleePetra., Wed Feb 5 17:08
    http://www.cca.courts.state.tx.us/OPINIONS/HTMLOPINIONINFO.ASP?OPINIONID=25109 IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. AP-77,020 THE STATE OF TEXAS V. LARRY RAY SWEARINGEN, Appellee ON DIRECT... more
    • TX: Swearingen requests --- DA’s office focused on execution — Petra, Mon Mar 17 15:05
      • Swearingen defense requests more DNA tests By Brandon K. Scott | Posted 3 hours ago Attorneys for Larry Swearingen filed an amended motion last week to the 9th state District Court in Montgomery... more
        • Court Again Denies DNA Tests in Death Row Case • by Johnathan Silver - The Texas Tribune • Oct. 28, 2015 Death row inmate Larry Swearingen during an interview at the Polunsky Unit in Livingston,... more
          • Larry Swearingen is scheduled to be executed by Texas on November 16,2017 Texas – former Gov. Rick Perry and his successor Gov. Greg Abbott and Texas death penalty enthusiasts– don’t lose sleep over... more
            • The legal reason for denial of DNA testing has always been that evidence of guilt is so overwhelming that there is no reason for DNA testing. This is a long standing legal reason to reject appellate... more
              • http://www.chron.com/neighborhood/conroe/news/article/DA-defense-agree-to-DNA-testing-in-Swearingen-12315422.php#photo-11351471 Lawyers agree to DNA testing in Swearingen's death row case By Keri... more
                • SwearingenDudley Sharp, Sat Nov 4 08:37
                  Petra: One of the strangest legal back and forths, ever, 19 years in the making.
    • 2/5/14 “MOUNTAIN OF EVIDENCE” OF SWEARINGEN’S GUILT RESULTS IN DENIAL OF ADDITIONAL DNA TESTING... more
      • Hello Dudley long time no see hope your keeping well? I have question for you Hun I don't no much about this case I'm going over trial now. Do you think he's guilty?. What I've read so far I think he ... more
        • Sweearingen's guiltDudley Sharp, Fri Feb 7 17:21
          Kitten" The "mountain of evidence" for his guilt is the language from the appellate judges. Stick to the appellate record and not the usual BS from anti death penalty folks, eg Troy Davis.
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