The Atlanta Lawyer October 2016 | Page 25

Mr. Hutchins told me a little bit about his most recent representation, which started around 2011 and has included help from others at all stages along the way. It involved investigation and preparation for a bench trial that took place in February 2013. The long, involved post-hearing briefing process took about a year. The judge ruled earlier this year in March 2016, adverse to his client. The case is now moving through the next procedural phase of the state habeas process, with briefing at the Georgia Supreme Court that began with an application for a certificate of probable cause to appeal. The Georgia Attorney General’s office filed its response in opposition on October 3, 2016. In response to my question about what he has learned from his habeas work, he said: “That someone getting convicted of a capital crime is most often the result of a really complicated situation. People don’t find themselves in this situation because of something that just happened overnight. It’s not as simple as the news media makes it out to be. There are a lot of factors that result in someone being faced with the death penalty. It doesn’t start the day that the alleged crime takes place. It usually starts long before that. Then once someone is charged with capital murder, there are many, many aspects of the case that can be an impediment to the administration of justice. There are a lot of moving parts in a capital murder case, and there is a lot of room for error—both by the defendants’ lawyers, the prosecution and the court.” Finally, I spoke with Atlanta Bar member Lisa Heller. Ms. Heller practices complex business litigation at Robbins Ross Alloy Belinfante Littlefield LLC. In addition to trial and appellate work in state one person doing it. It’s a team.” Toward the end of the federal habeas process for Mr. DeYoung, issues regarding the drugs used in lethal injections were becoming more prevalent. Ms. Heller became “[S]omeone getting convicted of a capital crime is most often the result of a really complicated situation. People don’t find themselves in this situation because of something that just happened overnight." and federal courts on a range of issues, she also has considerable class action experience. She began her pro bono habeas work around 1998, when she reached out to the Georgia Resource Center. After reviewing a few cases sent to her by the Georgia Resource Center, Ms. Heller accepted the representation of Andrew Grant DeYoung. Although it appeared that she would have ample time to begin working, the State of Georgia had other ideas: it signed an execution warrant shortly afterwards. “You don’t have a case where there’s more at stake,” she told me. That began an approximately eleven-year process, including argument before the United States Court of Appeals for the Eleventh Circuit. Ultimately, Mr. DeYoung was executed by the State of Georgia in 2011. involved in another case after Mr. DeYoung’s execution that involved the issue of execution drugs. She, along with many from the team that had helped with Mr. DeYoung’s case, briefed the issue of whether the Department of Corrections could keep secret changes to the execution protocol, rather than publish the information and respond to citizens who participated in a public comment period. Ms. Heller also argued on this issue before the Georgia Supreme Court. There are many other stories from Atlanta Bar members quietly engaged in this important work. But not enough. Justice Benham’s call remains just as relevant today as when he made it twenty years ago. If you are interested in learning more, a great place to start is the American Bar Association’s Death Penalty Representation Project. Like those mentioned earlier, Ms. Heller remarked on the help she received from others. “It’s never The Official News Publication of the Atlanta Bar Association THE ATLANTA LAWYER 25