Parkman White, LLP

Parkham White, LLP Announces a Critical Flaw in Alabama's Judicial System

Cody Owens of Weld Magazine recently interviewed Clayton Tartt of Parkham White, LLP to discuss the need for post-conviction relief, reports ParkmanWhite.com

 

Birmingham, AL -- (SBWIRE) -- 07/03/2015 -- One of only a few states in the nation that fails to provide a statewide indigent defender program, Alabama also lacks post-conviction counsel for those inmates on death row. Clayton Tartt, an associate with Birmingham's Parkman White, LLP, a birmingham criminal defense firm, feels this is a critical flaw in the state's judicial system and works to provide representation to those who otherwise cannot afford it. Tartt volunteers with the Alabama Post-Conviction Relief Project to help individuals in this situation. and Cody Owens of Weld Magazine recently interviewed Tartt about this issue.

Individuals accused of a capital crime require legal counsel to navigate the complex appeals process, yet many are unable to obtain this critical legal representation due to a lack of funds. Certain steps must be followed to complete the direct appeals case, and a single misstep could preclude any petition. The lack of a statewide indigent defender program effectively denies access to the post-conviction relief process for the majority of death row inmates.

Tartt garnered attention when he assisted in the APCRP case of Chris Revis, a death row prisoner. The APCRP and Tartt were able to secure a new trial for Revis after his original request was denied by the Alabama Supreme Court. Upon drafting a petition that encompassed almost 300 pages, Revis was granted an evidentiary hearing.

"The new hearing pointed to juror misconduct, as two jurors in the 2005 murder trial of Revis prematurely deliberated. The jurors chose to discuss how the case was going, which is prohibited, and this was only one of approximately 40 issues brought up in the petition. Thankfully, the judge opted to make use of this one and stated nothing else was needed to grant a new trial," Tartt continues.

Alabama remains the only state where an elected judge has the option to override a jury's recommendation for a life sentence and sentence the prisoner to the death penalty. An Equal Justice Initiative study conducted a few years back found that more judicial overrides occur during election years and involve the death penalty. Of the 111 cases in which a judicial override has taken place since 1976, 91 percent of those cases resulted in a judge overriding a jury's sentencing recommendation of life without parole in favor of imposing the death penalty.

"Alabama needs to change the system, as approximately 20 percent of cases resulting in the death penalty are the result of an override. Every defendant deserves proper representation when facing the death penalty and our criminal defense law firm is committed to providing it," Tartt declares.

About Parkham White, LLP
Jim Parkman and William White often met on opposite sides of the courtroom, yet opted in 2003 to join forces and establish a national firm focusing on white collar crime criminal defense, bankruptcy and divorce cases. The firm takes on the most complex, high-profile criminal cases seen in the country today, along with civil litigation, probate, bankruptcy, DUI and domestic cases throughout the state. The firm maintains offices in Birmingham and Dothan and provides all clients with rigorous and sophisticated representation in a more cost-effective way than many of the larger firms.

The attorneys at the firm bring more than 100 years of combined experience in a wide variety of practice areas, with a particular emphasis on courtroom litigation. The firm represents clients nationally or in any Alabama courtroom. Parkman and White have both been AV Preeminent rated by Martindale-Hubbell, a testament to the fact that their peers rank them at the highest level of professional service.

Parkman has handled hundreds of major felony cases during his 34-year career and attributes the success of the firm to its extensive experience in the courtroom. Ultimately, the success of a case rests in the hands of the jury, so one must understand how to deal with the jury. With the hundreds of jury trials handled by the firm over the years, attorneys at Parkham White, LLP have invested thousands of hours in front of juries and know exactly how to do this.