This Monday, the United States Supreme Court declined review of Linda Carty’s case — which means that the State of Texas will be placing her name on its Death Row Execution List sometime this summer. The High Court’s decision not to hear Ms. Carty’s arguments is getting worldwide attention because Linda Carty is not an American citizen.
British Twist to the Ineffective Assistance of Counsel Claim Goes Unheard by the High Court
Linda Carty is British, born on the Caribbean island of St. Kitt’s — and that foreign connection is part of her argument. The British government was urging review of her case because England was denied the opportunity to provide Linda Carty assistance at the trial stage. Apparently, Ms. Carty was never told of her right to call the British Consulate when she was first facing charges and she was not aware that her home country – the United Kingdom – would be able to help her.
According to the British Consul General (based in Houston), if the British Government had been notified, they would have come to Linda Carty’s aid and among other things, she would have had better legal representation at trial than her indigent defense counsel (and, of course, presumably more funds to expend on a defense).
What Happens Now to Linda Carty?
The 5th Circuit Court of Appeals already heard, and denied, her appeal based upon ineffective assistance of counsel (this was the decision that was being taken up to the U.S. Supreme Court for review). Unless the Governor of the State of Texas intervenes, Linda Carty will be executed by the State of Texas — and as melodramatic as it sounds, this may means something akin to the Queen of England telephoning Governor Perry in a bid for mercy upon this foreign national.