Greg Bluestein posts, "Georgia judge turns down attempt by death row inmate's brother to appeal on his behalf," for AP. It's via the Republic.
A Georgia judge on Thursday rejected an appeal by a death row inmate's brother that would postpone the condemned man's scheduled execution next week.
The order, signed by Butts County Superior Court Judge Thomas Wilson, clears the way for Nicholas Cody Tate to be executed on Tuesday for the 2001 murders of a Dallas, Ga., woman and her 3-year-old daughter.
Death penalty cases typically take well over a decade to work through the appeals process, but Tate has refused to challenge his conviction and death sentence through habeas corpus appeals. His brother, Dustin Wade Tate, sought to file an appeal on his behalf but Thursday's order concludes he wasn't able to prove the inmate was "incompetent."
The inmate's current and former attorneys won't comment on why Tate, who is 31, won't let them file the appeal, although a transcript from a 2009 hearing highlights his thoughts on the process.
And:
Nicholas Tate pleaded guilty to murder charges in November 2005 and was sentenced to death a month later. His brothers also admitted to committing the violence. They are serving life sentences in prison, and Dustin Wade Tate sent the appeal this month on his behalf.
Nicholas Tate filed a motion for a new trial in 2006, but three years later he had a change of heart. That's when he said he wanted to waive all future appeals, and a trial judge accepted his request, noting that he was coherent and articulate.
His attorneys went ahead with a direct appeal, asking the Georgia Supreme Court to overturn the sentence.
Earlier coverage of Tate's execution date is at the link. Related posts are in the volunteer index.
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