Roof’s lawyers have argued that he was allowed to falsely represent himself during sentencing.
Dylan Roof’s chances for a new appellate hearing are looming, with a court refusing to reconsider his appeal on his death sentence and conviction in the 2015 racist murders of nine members of a Black South Carolina congregation.
The Fourth US Circuit Court of Appeals issued the ruling on Tuesday.
All Fourth Circuit judges, covering South Carolina, have recused themselves from hearing Roof’s case. No clear reason was given in the May notice, although one of the judges, Jay Richardson, prosecuted Roof’s case as an assistant US attorney in 2017, when Roof Be the first person in America The death penalty for a federal hate crime.
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Officials said Roof opened fire during the closing prayer of a Bible study at Mother Emanuel AME Church in Charleston, South Carolina, causing dozens of shots to be fired at the gathering. He was 21 years old at that time.
roofing lawyer wanted the judges who opted to sit out of his case to reinstate himself to consider his petition for a new hearing. Without that move, or without changing a court rule barring judges coming from other circuits from considering such requests, Roof’s lawyers wrote, “No judge exists to consider his hearing petition.” is”, deprived them of “a significant level of appeal review”.
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court, citing its exclusion, had denied Roof’s request for a new hearing and also ruled against allowing a full court of substitute judges from other circuits to consider his case.
In May, a panel made up of judges from other appellate circuits heard Roof’s appeal, later unanimously upholding his sentence and the death penalty, and scathing rebuke continues Of Roof’s crimes, the judges wrote that “qualify him for the harshest punishment a just society can impose.”
Roof’s lawyers have argued that he was allowed to falsely represent himself during the sentencing. Roof, his lawyers have said, successfully prevented jurors from hearing evidence about his mental health “under the illusion that he would be saved from prison by white-nationalists—but only, oddly, if he had lost his mental health.” – Loss excluded from public record.”
According to Court documents filed in another federal case, the FBI overhears two neo-Nazi group members trying to free Roof from a maximum-security prison in Terre Haute, Indiana, where he is an inmate, including the number of guards present and how the shootings will take place. , includes its details.
Failing his direct appeal, Roof may file an appeal known as a 2255 appeal, a request that the trial court review his sentence and the constitutionality of the sentence. He can also file a petition in the US Supreme Court or seek a pardon from the President.