Brett Hartmann Appeal Stage

Brett had been given an execution date of April 7th 2009. He
had received a temporary stay of execution, which has since
been lifted. Brett could receive a new execution date.
Please sign his clemency petition if you have not done so.
http://www.petitiononline.com/bhartman/petition.html

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 have received the courts decision on that filing.

In short, it was turned down. The next step will be to ask Ohio
Supreme Court to review the case, which in all likelihood they will
also turn down. After that it is expected to go back to federal court.
(Dec. 2010)

We now have information related to the jail house informant
testimony that was used to help convict Brett as being perjured.

See Jail House Snitch / Informant Testimony

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)

COLUMBUS: A condemned killer set to die next month has asked
the Ohio Supreme Court to delay his execution to allow him to
challenge the state's method of execution.
Brett Hartmann wants time to join a lawsuit pending in Franklin
County that claims the state's method of lethal injection is
unconstitutional.
Hartmann is scheduled to die April 7 for the fatal stabbing and
mutilation of 46-year-old Wanda Snipes in Akron on Sept. 9, 1997.
Hartmann says the method will deny him a quick and painless death
as required by Ohio law.
Hartmann made the request in a filing with the state Supreme Court
today in Columbus.
Hartmann says he's innocent and also plans to ask Gov. Ted
Strickland for a delay to allow testing of additional evidence.
(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.