James Hamm

Last updated

James Hamm was convicted for the drug-related murder of Willard Morley in 1974.[ citation needed ] His co-defendant, Garland Wells, was convicted of killing another man (Zane Staples) in the same incident. Morley and Staples were in Arizona for the purpose of purchasing drugs to sell to college students in Kansas. [1] Staples was AWOL from the U.S. Army at the time of the 1974 offense. Both defendants (Hamm/Wells) were sentenced to prison for 25 years to life. [2]

Donna Leone Hamm Donna Leone Hamm by Gage Skidmore.jpg
Donna Leone Hamm

While in prison, Hamm earned a summa cum laude degree from Northern Arizona University in applied sociology [3] with an extended major in corrections. In 1981, he met Donna Leone [4] while she was touring the prison; [5] Leone was a lower court judge. They married in 1987. [6]

Hamm applied for and was granted a commutation of sentence by then-governor Rose Mofford, [7] which reduced his prison sentence to 16 years to life (1989). She later rescinded the commutation due to negative publicity against her, but the commutation was judicially restored. A finding was made by the court that Mofford's decision to rescind was "politically motivated." [8]

In 1992, Hamm was paroled. [9] He had taken the LSAT exam for law school while in prison, scoring in the 96 percentile. Once released, he attended Sandra Day O'Connor College of Law, where he graduated with honors in 1997. [10] [11] Hamm passed the bar exam, but his application seeking admission to the Arizona bar was rejected by the Arizona Supreme Court in In the Matter of Hamm, 123 P.3d 652 [12] Hamm works as a private criminal justice consultant for several attorneys in the Phoenix, Arizona area. He also is qualified in the courts as an expert on prison policy and procedure, time computations and performs volunteer work for Middle Ground Prison Reform, a non-profit agency formed by Donna Leone in 1983. [13]

Related Research Articles

In United States law, an Alford plea, also called a Kennedy plea in West Virginia, an Alford guilty plea, and the Alford doctrine, is a guilty plea in criminal court, whereby a defendant in a criminal case does not admit to the criminal act and asserts innocence, but admits that the evidence presented by the prosecution would be likely to persuade a judge or jury to find the defendant guilty beyond a reasonable doubt. This can be caused by circumstantial evidence and testimony favoring the prosecution and difficulty finding evidence and witnesses that would aid the defense.

<span class="mw-page-title-main">Rose Mofford</span> American politician (1922–2016)

Rose Mofford was an American civil servant and politician of the Democratic Party whose career in state government spanned 51 years. Beginning her career with the State of Arizona as a secretary, Mofford worked her way up the ranks to become the state's first female secretary of state from 1977 to 1988 and the state's first female governor from 1988 to 1991.

<span class="mw-page-title-main">Scottsboro Boys</span> Racism based miscarriage of justice

The Scottsboro Boys were nine African American teenagers and young men, ages 13 to 20, accused in Alabama of raping two white women in 1931. The landmark set of legal cases from this incident dealt with racism and the right to a fair trial. The cases included a lynch mob before the suspects had been indicted, all-white juries, rushed trials, and disruptive mobs. It is commonly cited as an example of a legal injustice in the United States legal system.

Trial in absentia is a criminal proceeding in a court of law in which the person who is subject to it is not physically present at those proceedings. In absentia is Latin for "in (the) absence". Its meaning varies by jurisdiction and legal system.

In law, a commutation is the substitution of a lesser penalty for that given after a conviction for a crime. The penalty can be lessened in severity, in duration, or both. Unlike most pardons by government and overturning by the court, a commutation does not affect the status of a defendant's underlying criminal conviction.

Ring v. Arizona, 536 U.S. 584 (2002), was a case in which the United States Supreme Court applied the rule of Apprendi v. New Jersey to capital sentencing schemes, holding that the Sixth Amendment requires a jury to find the aggravating factors necessary for imposing the death penalty. Ring overruled a portion of Walton v. Arizona, which had rejected that contention.

<span class="mw-page-title-main">Capital punishment in Texas</span> Overview of capital punishment in the U.S. state of Texas

Capital punishment is a legal penalty in the U.S. state of Texas for murder, and participation in a felony resulting in death if committed by an individual who has attained or is over the age of 18.

<span class="mw-page-title-main">Special Court for Sierra Leone</span> Judicial body

The Special Court for Sierra Leone, or the "Special Court" (SCSL), also called the Sierra Leone Tribunal, was a judicial body set up by the government of Sierra Leone and the United Nations to "prosecute persons who bear the greatest responsibility for serious violations of international humanitarian law and Sierra Leonean law" committed in Sierra Leone after 30 November 1996 and during the Sierra Leone Civil War. The court's working language was English. The court listed offices in Freetown, The Hague, and New York City.

Tison v. Arizona, 481 U.S. 137 (1987), is a United States Supreme Court case in which the Court qualified the rule it set forth in Enmund v. Florida (1982). Just as in Enmund, in Tison the Court applied the proportionality principle to conclude that the death penalty was an appropriate punishment for a felony murderer who was a major participant in the underlying felony and exhibited a reckless indifference to human life.

<span class="mw-page-title-main">Scooter Libby</span> American lawyer and political advisor (born 1950)

Irve Lewis "Scooter" Libby is an American lawyer and former chief of staff to Vice President Dick Cheney known for his high-profile indictment.

<span class="mw-page-title-main">Capital punishment in Alabama</span> Legal punishment in Alabama

Capital punishment in Alabama is a legal penalty. The state has the highest per capita capital sentencing rate in the United States. In some years, its courts impose more death sentences than Texas, a state that has a population five times as large. However, Texas has a higher rate of executions both in absolute terms and per capita.

Capital punishment was abolished in Colorado in 2020. It was legal from 1974 until 2020 prior to it being abolished. All valid death sentences as of 2020 have since been commuted to life sentences by governor Jared Polis.

<span class="mw-page-title-main">Murders of Raul and Brisenia Flores</span> Father and daughter murdered in Arivaca, Arizona, U.S.

On May 30, 2009, 29-year-old Raul Flores Jr. and his daughter, nine-year-old Brisenia Ylianna Flores, were murdered during a home invasion in Arivaca, Arizona. The perpetrators were Shawna Forde, Jason Eugene Bush and Albert Gaxiola, all members of Forde's vigilante nativist group, Minutemen American Defense (MAD). Gina Gonzalez, the victims' wife and mother, was wounded but survived the attack after exchanging gunfire with the intruders, wounding Bush.

<span class="mw-page-title-main">Capital punishment in Florida</span> Overview of the use of capital punishment in the U.S. state of Florida

Capital punishment is a legal penalty in the U.S. state of Florida.

Brian Aitken is an American marketing consultant, entrepreneur, and writer.

Capital punishment in Delaware was abolished after being declared unconstitutional by the Delaware Supreme Court on August 2, 2016. The ruling retroactively applies to earlier death sentences, and remaining Delaware death row inmates had their sentences commuted to life imprisonment. Despite this, the capital statute for first-degree murder under Title 11, Chapter 42, Section 09, of the Delaware Code has yet to be repealed, though it is unenforceable.

Clarence Wayne Dixon was an American convicted murderer. He was convicted of the January 7, 1978, murder of 21-year-old Deana Lynne Bowdoin in Tempe, Arizona. The murder went unsolved until 2001, when DNA profiling linked him to the crime. Dixon, who was serving a life sentence for a 1986 sexual assault conviction, was found guilty of Bowdoin's murder and was formally sentenced to death on January 24, 2008. He was executed by lethal injection on May 11, 2022, in the state's first execution in nearly eight years, since the botched execution of Joseph Wood in 2014.

References

  1. "IN RE: James Joseph HAMM | FindLaw".
  2. "The State vs. James Hamm: Should a Convicted Murderer Be Allowed to Practice Law?". CBS 60 Minutes. October 13, 2004. Archived from the original on March 8, 2016. Retrieved October 24, 2022.
  3. "IN RE: James Joseph HAMM | FindLaw".
  4. "IN RE: James Joseph HAMM | FindLaw".
  5. "Eugene Register-Guard - Google News Archive Search".
  6. "IN RE: James Joseph HAMM | FindLaw".
  7. "Eugene Register-Guard - Google News Archive Search".
  8. "The Prescott Courier - Google News Archive Search".
  9. "IN RE: James Joseph HAMM | FindLaw".
  10. "Forgiving James Hamm". Archived from the original on December 18, 2005.
  11. "Anger spurs ASU Reversal on Hamm, (posted 12/6/98)". The Arizona Republic - Dec. 4, 1998 / Julian Samora Research Institute, Michigan State University. Archived from the original on September 7, 2006. Retrieved 8 March 2016.
  12. ABA Journal August 2006.
  13. "IN RE: James Joseph HAMM | FindLaw".