NEW TRIAL ORDERED for Tim McKinney

NEW TRIAL ORDERED
MR. MCKINNEY RECEIVED A SHOT IN THE ARM when
 COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON, in its June 3, 2008 Session, ordered a new trial.
From the case at

http://tm.martysmith.org/McKinneyCCAOpinion_031010.pdf\
...Petitioner presents the following claims: (1) trial counsel was
ineffective for agreeing to a consent order regarding discovery

materials; (2) trial counsel
was ineffective for failing to confront Debra Kimble with her prior

statement; (3) trial
counsel was ineffective for failing to prepare for trial and present

evidence favorable to the
Petitioner; (4) trial counsel was ineffective for failing to investigate

mitigating circumstances
adequately; (5) trial counsel was ineffective for failing to introduce

residual doubt evidence;
(6) the prosecution denied the Petitioner a fair trial; (7) the

exclusion of the Petitioner’s
eyewitness expert at trial violated his right to present a defense;

and (8) the death penalty is
unconstitutional and in violation of international treaties. We

conclude that the Petitioner was
deprived of the effective assistance of counsel at both the guilt

and penalty phases of the trial.
Accordingly, the judgment of the post-conviction court is reversed

and the matter is
remanded for a new trial.

I'm very pleased with the outcome so far.
Mr. Tim's plight came to my attention reading the Socialist Worker,
http://socialistworker.org/2010/04/26/tim-mckinneys-fight-for-freed

om
my April 26, 2010 blog entry read:
Tim McKinney is a prisoner on Tennessee's death row, wrongfully

convicted of killing a Memphis off-duty police officer on Christmas

night in 1997.
An African American man accused of killing a white police officer,

Tim's trial was plagued by inadequate representation and

prosecutorial misconduct. He was sentenced to death in 1999 after

a two-day trial, during which the prosecution presented no

physical evidence connecting him to the crime. Over 40 witnesses

testified in Tim's defense at his appeal in 2006.
Last month, the Tennessee Court of Criminal Appeals ruled in

favor of Tim's appeal and ordered a new trial. Tim's supporters are

gearing up with a campaign calling on Memphis district attorneys

to drop the charges and grant Tim his freedom. Here, Tim thanks

his supporters and talks about the fight ahead for his freedom.

April 26, 2010

Tim McKinney is a prisoner on Tennessee's death row, wrongfully

convicted of killing a Memphis off-duty police officer on Christmas

night in 1997.

An African American man accused of killing a white police officer,

Tim's trial was plagued by inadequate representation and

prosecutorial misconduct. He was sentenced to death in 1999 after

a two-day trial, during which the prosecution presented no

physical evidence connecting him to the crime. Over 40 witnesses

testified in Tim's defense at his appeal in 2006.

Last month, the Tennessee Court of Criminal Appeals ruled in

favor of Tim's appeal and ordered a new trial. Tim's supporters are

gearing up with a campaign calling on Memphis district attorneys

to drop the charges and grant Tim his freedom. Here, Tim thanks

his supporters and talks about the fight ahead for his freedom.

Timothy McKinneyTimothy McKinney

Dear friends and allies,

I am extremely excited to share some good news of our struggle

here in Tennessee. On March 9, 2010, a unanimous panel of the

Tennessee Court of Criminal Appeals vacated my conviction and

ordered a new trial.

Being granted a new trial is definitely a huge victory. It's a major

step forward and a taste of the chance of obtaining my freedom.

It's truly a blessing in itself. But the state has the chance to file a

petition for review--meaning, they can appeal the decision of the

Court of Criminal Appeals.

The fight isn't over yet. We are celebrating this victory, but only in

part. We clearly understand that the district attorney's office has

the option to re-try the case.

This is a critical phase, and now is the time to take advantage of

the opportunity to put an end to this horrific experience of

injustice. It's vital that peoples' voices are heard, and that we put

pressure on the DA's office not to re-try this case, but to drop the

charges.

What you can do

For updates on Tim Mckinney's case, or to get involved, visit

www.timmckinney.org.

For information about how you can join the fight against the death

penalty in your area, visit the Campaign to End the Death Penalty

Web site.

I gratefully thank the Campaign to End the Death Penalty and all

the families, friends and supporters for faithfully fighting,

witnessing and continuing to share our voices with the public. I

also want to thank you for allowing me the opportunities to

participate and express my thoughts, views and my struggle during

the "Live From Death Row" speaking tour last year. It introduced

me to new people, new ideas and new communities of faith.

It's very important to continue to produce powerful events like the

tour to uncover the myriad problems within this unjust system. It

has been a true blessing to come to know and learn about so many

incredible men and women faithfully witnessing against this cruel

injustice.

All of your efforts, energy and passion plays a critical role in

helping empower each one of us to continue hammering away at

that wall until, finally, it can no longer stand.

The wall will crumble, it's already beginning to crack. With all of

your relentless strength and courage, it's a must that we hold those

sitting in judgment accountable. Pressure will help bring freedom

and justice toward a better world and a just society.

Again, I thank you! And please continue to keep up the good

fight.

Sincerely, with great respect,

Tim McKinney


Good information can be found at:

http://tm.martysmith.org/