6th Circuit Court of Appeals

Brett had been given an execution date of April 7, 2009. Shortly
before that day he received a stay of execution.
That stay of execution was lifted and he received an execution
date of August 16, 2011.
Brett has now received a reprieve from Ohio's Governor Kasich

along with a new execution date of November 13, 2012.
(July 23, 2011)

Recent Court Filings

Opening Brief / DNA Litigation
(April 3, 2012)

"Untested DNA Filing"
Stay of Execution Filing
(July 23, 2011)

Ohio Parole Board's report on Brett Hartman's clemency
request.

The eight-member parole board was unanimous in its decision
against clemency.
NOTE: this report contains some graphic material.
(July 20, 2011)

Before Governor Strickland left office, Brett's defense asked
him to revisit Brett's clemency appeal.

Memorandum to Swisher Final
(Nov. 29, 2010)

We were informed that Brett's attorney's have filed;

Petition to file Successor Habeas Exhibits
4.2MB
Petition to file Successor Habeas
102KB
Some of the issues are;

in relation to physical evidence that has never been tested or
made available to his defense.
we now have information related to the jail house informant
testimony that was used to help convict Brett as being perjured.
For those who are unaware of this type of issue might we direct
you to this source;

(Updated March 24, 2009)

Ohio Parole Board's report on Brett Hartman's clemency
request.

The eight-member parole board was unanimous in its decision
against clemency.
NOTE: this report contains some graphic material.
(March 6, 2009)

(updated March 12, 2009)

6th Circuit Court of Appeals Decision

US 6th Circuit Court of Appeals upholds Brett Hartman conviction
and death sentence
A three-judge panel (Daughtrey, Gilman, Clay) of the US 6th Circuit
Court of Appeals today affirmed the conviction and death sentence
of Ohio death row inmate Brett Hartman, rejecting claims of
ineffective assistance of counsel (on the merits), improper jury
instructions, prosecutorial misconduct, and insufficient evidence to
support a capital specification. Judge Clay dissented in part and
would have voided the death sentence and remanded the case for a
new sentencing hearing because of ineffective assistance of counsel
in presenting mitigation evidence at the trial sentencing phase, and
because of improper "acquittal first" jury instructions.

United States Court of Appeals
Brett X. Hartmann v. Margaret Bagley, Warden
Argued Jan. 31, 2007
Decided and Filed July 10, 2007
http://www.ca6.uscourts.gov/opinions.pdf/07a0254p-06.pdf

Brett's case went in front of the 6th Circuit Court of
Appeals on January 31st, 2007

We have included the audio file of that hearing for those of you who
were unable to attend.
Because of time limits and laws pertaining to what can be presented
in "this court", not all areas of Brett's case were presented at this
hearing.
We apologize for the quality, this is what has been provided to us.
Buffering may depend on your Internet connection and computer
abilities. This runs approximately 54 minutes.

2004-08-31 US DCT Ohio Opinion denying habeas PDF

205 KB

State v. Hartmann

submitted June 20, 2001
decided October 3, 2001
http://www.sconet.state.oh.us/rod/docs/pdf/0/2001/2001-ohio-1580.
pdf
103 KB

The below files may take some time to load.