No. 05-70037
SUMMARY
of brief to the US Court of Appeals for the Fifth Circuit for grant of COA - denied 17th Nov 2006
In the final
analysis, the courts, as noted above, look to see if error has infected the entire
trial. Generally, this infection is limited to a crucial piece of evidence that
resonates throughout the trial transcript. In Wright's case, the infection is
not limited to one crucial piece of evidence. Certainly, as noted throughout,
the wrongful admission of Adams's statement changed the entire course of trial.
It changed the State's
theory as to Wright's role in the offense, it changed the instructions given to
the jury, and it changed by reducing the State's burden of proof at the
punishment phase of trial. But the infection was not limited to procedural
alterations. The statement set an emotional tone for the trial that cast Wright
as a calculating, cold blooded killer and made him more, rather than less,
morally blameworthy.
Although this infection itself is serious enough to be
considered fatal, it is by no means the only infection. The State withheld
exculpatory evidence of the co-defendant's admission that he, and he alone, committed
the murder. By itself, such a revelation has earned other appellants post conviction
relief. The State also withheld evidence that a key prosecution witness, the one
required to prove that Wright had control of Vick's property
after the murder, was the recipient of an offer from the prosecution sufficient
to undermine his credibility.
Wright
maintains that even under this balkanized approach to review, many of the errors
noted are sufficient to justify relief. However, Wright also asserts that examining
each error in a vacuum, without considering the synergistic effect that the errors
have on each other, is inappropriate and unprecedented. When Wright criticizes
the fingerprint testimony, he is told that it does not matter because of the Mosley
testimony. When Wright criticizes the Mosley testimony, he is told it does not matter
because of Adams's statement. When Wright criticizes Adams's statement, he is
told it does not matter because of Cron's testimony. All of Wright's efforts to
seek
fair
adjudication of his complaints have been subjected to this endless logic loop.
In the final analysis,
each error not only matters on its own, but there is no single piece of crucial
evidence introduced that was not infected by the State's misconduct in one
fashion or another.
Truly, it can
be said that the entire body of the trial record is infected from head to toe.
BRUCE ANTON, Sorrels, Udashen & Anton
COUNSEL FOR GREGORY WRIGHT
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