On September 26th 2018, the District Court unfortunately reconfirmed that despite “the troubling possibility of Robert Will’s actual innocence”, under the Anti-Terrorism and Effective Death Penalty Act, the court did not have the jurisdiction to consider Rob’s petition for an Emergency Motion for Relief.
This has followed several years of back and forth through the courts to consider the Supreme Court’s ruling in Martinez and its application to Rob’s case in regards to ineffective assistance of counsel.
In a rare and sympathetic four-page order, (which can be read in full HERE) the Judge repeatedly voices his concerns regarding Rob’s innocence but reiterates that under the AEDPA, he does not have the jurisdiction to grant relief.
The outcome of this order is that Rob’s case will now proceed to the notoriously conservative 5th Circuit Court of Appeals.
You can read the recent Houston Chronicle article about the case HERE.
All involved in Rob’s case had hoped that the District Court would find that they were able to grant relief and so this has come as quite a blow. This means that Rob’s need for assistance and support is greater than ever before.
If you can help in any way, please do not hesitate to contact us via the contact form at the bottom of the website or directly email at firstname.lastname@example.org.
If you would like to write Rob directly you can send snail mails to:
Robert Will #999402
3872 FM 350 South
Thanks to everyone for their ongoing interest and support.