Draft of Petition for Writ of Habeas Corpus by a Person in State Custody 3

    L263 

13 NYPR2s- 

/FROM PR- NEY S¥ IRE=-3ye 212~332-9400/1La 2135-62 -3501/MTA 305-576 “30567 
TO CITY DESK aS 

7 2X46 
7 Z - /ADVANCE FOR *RELESSE 6 PM EST TONIGHT, 

cas “By AY aes 

= nee 6e With. Cantici 

THe ies DEFENSD Aub Hn 
ae Re we SUPREME SLRS ureria Cocoa a 2 tw 3 tet tetany 

“THES DEATH: cao ae ESSE THURMAM FOWLER Aves 
DEFE PEWOA WESCONDEAYED“T O- “DIE. FOR FIRST:1 DEGREE. MURDER. IN~ oe : 
Ls arcs! ON“SEPT.. T1973. THENOATH CARO Iy, supprNe caper 

TEED ATS COMVECEEGNAND-DEATH “SEATED 

Rabe, 

APR IL-1 Og to Fare 

JESSE=FOWLER-IS- ONE OF Sa PERSONS ON DEATH ROW LESTE | 
MOST OF ¥HOY WERE CONDEMNED PURSUANT TO a JUDICIAL RETNSTITUT ION. OF = 
CAPITAL: PUNTSHYE NT BY-THE NORTH CAROLINA SUPREME COURT Bedataay, Sf tn G 
175 atesoe ss 5 ase, THE fe 

DEATH PENALTY I$ “MS NDATORY™ FOR 

THE 

CRIMES -- FIRST DE 

R4 PE, FIRST DEGREE BURGLARY AND ARSON, RI0? TO THAT RULING, THE 
DEATH PENALTY FoR’ THESE CRIMES WAS IMPOSED aT THE DISCRETION OF THE 

SUESTION THE-UNITED STATES SUPREME COURT 

"WHETHER THE IMPOSITION AND CARRYING OUT OF THE 

OR THE CRIME OF MURDER UNDER THE Law OF woRTH c 
STH C2 14TH AMENDMENT“OF THE CONSTITUTION oF 

L PUNISHMENT ANO HIS CONSTITUTIONAL RIGHT 
TO BUE, PROFESS OF Lay. 

"TRE DEFENDANT WAS CONVICTED AND SENTENCED TC DIE FoR THE MURDER OF 
Us RO TERTM. NOR TAR THE cOnr SE OF HIS TRIA 

SS a 
es 



FEIN. DURING: TRE: cour se oF-urs: TRIAL, 

ESENTED: WITNESSES O% HTS-CyW BEMALF, BUT 
SELF DEFENSE CLAIM’ AND CONVICTED HIM OF FIRST DE 
TRIAL COURT “ALSG INSTRUCTED THE JURY-THAT IT COULD, as ay 
ALTERNATIVE, FIND HIM GUILTY OF SECOND DEGREE muyRDEA cA 

PEGGY DAVIS asp-pavID KENDALL, LEGAL 
SPECIALIZING IM CAPITAL PUNISHNSAT CASES, NOTED 
FIRST TIME & DEATH -SENTEACE IS BEING CHALLENGED 
THESUSS.. SUPREME COURT SINCE THE FURMAN DECISION OF suse 23519 7a-7 

THE: PRESE SWTE CASE; HEY ADD, “APPEAR 
TE RAISES “ESSUES=cOmMON-TO. THOSE PRESENTED See in 17 
STATES: —— AND, “IW=PARTICULAR, TO THE 64 NORTH CAROLINA cases,” 

TRETHE: FURMANRUETAG,. ARISING OUT OF THE LEGAL DEFENSE FUND cases—- 
/COLEECTIVELY CALLED FURMAN V. GEORGIA/, THE HIGH COURT HELD THaT 
THES DEATH PENALTY “IS°UNCONSTITUTIONAL WHEN THE SENTENCING AUTHORITY 
1S FREE TO DECIDE BETWEEN DEATH AND SOME LESSER PENALTY. 
DECISION, WHICH HELD THIS FORM OF DEATH PENALTY TO BE “cA 
UNUSUAL PUNISHMENT,” SPARED THE LIVES 0 

IN THE INTERVENING 2-1/2 YEARS, SINCE FURAN, 30 STATES Have 
REINSTITUTED CAPITAL PUNISHMENT STATUTES, assur 
COULD MEET CONSTITUTIONAL REQUIREYENTS BY IMPoSINe 
CONTROL “JURY DISCRETION OR BY MAKING T 
UPON CONVICTION OF CERTAIN CRIM 
SENTENCE WAS REINSTITUTED JuDIcia 

NOTE -- THE LEGAL DEFENS 
CAGAMIZATION EVEN THOUGH IT 
INITIALS ARE RETAINED IN ITS NAME. ORRECT DESIGNATION IS Naacp 

INC., FREQUENTLY SHORTENED TO