BREAKING: James Barnes waives all claims ahead of execution.

This means that warrant litigation is likely over ahead of the execution scheduled August 3, 2023. The trial court dismissed the proceedings.

The trial court held a case management conference (CMC) yesterday (Tuesday) afternoon, where James Barnes and his counsel appeared. Barnes waived his right to raise any postconviction claims ahead of his execution scheduled for August 3, 2023, at 6:00 p.m. The court minutes reflect that Barnes made an ore tenus (read, oral) motion to dismiss the postconviction proceedings, which the Court granted.

The docket still shows hearings set for tomorrow (6/29) and Friday (6/30). However, those will likely be canceled.

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Transcript from Case Management Conference

The transcript from yesterday’s CMC is available here. The CMC lasted approximately 3.5 hours. Barnes appeared virtually and immediately made a motion to represent himself:

The Court recognized that Barnes has represented himself previously and asked him certain questions related to his ability to represent himself.

Barnes told the Court that he’s not currently suffering from any mental illnesses.

In response, the State said that Barnes should understand that the Court granting his dismissal would be final. Defense counsel noted that Barnes is not able to represent himself in warrant proceedings. As defense counsel was speaking, Barnes interrupted:

After researching the issue, the Court denied Barnes’s request to represent himself, stating he can’t proceed pro se in warrant proceedings. The State then suggested that Barnes could discharge counsel, which Barnes indicated he wanted to do:

Defense counsel suggested that the Court “consider appointing a doctor for a competency evaluation . . . in an abundance of caution . . . .” He later said that an expert was scheduled Tuesday to see Barnes, but Barnes refused to see the expert. Defense counsel also stated that he had not seen Barnes in “a couple, maybe several years. He’s refused multiple visits.” The State argued that there are not “any signs that [Barnes is] incompetent to proceed. There never have been.”

The Court then took another recess. After some discussion, the Court denied Barnes’s request to discharge counsel. The Court then questioned Barnes about his desire to waive postconviction proceedings and “proceed[] with [his] execution posthaste.” Barnes said he “no longer seek[s] relief.”

Barnes further waived appellate review of the proceedings.

The Court determined Barnes is “competent” and determined the waiver is valid.

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Trial Court’s Order

The trial court’s Order Granting Defendant’s Motion to Dismiss All Pending Postconviction Proceedings and Appellate Review is available here.

The Order goes through the history of Barnes’s case before addressing the instant proceedings. The Court found that Barnes is “not only competent, but also intelligent.” The Court further found that Barnes “does not have mental illnesses that would interfere with his rational understanding of the facts of his pending execution and the reason for it” and, therefore, determined “there is no reason for a competency evaluation . . . .”

The Court recounted Barnes’s request to waive the proceedings:

The Court concluded:

An additional copy of the Order is posted on the docket with additional record materials attached.

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My thoughts are with everyone involved in the warrant and execution process.