Judge Wilson rejects inmate’s brother’s appeal
As of Thursday, January 26, 2012
© Copyright 2012
Jackson Progress-Argus
ATLANTA — A Georgia judge has rejected an attempt by the brother of a death row inmate, set to be executed next week, to file an appeal on the condemned man’s behalf.
Butts County Superior Court Judge Thomas Wilson’s order Thursday clears the way for Nicholas Cody Tate to be executed Tuesday for the 2001 killings of a woman and her 3-year-old daughter.
Tate has exhausted his automatic appeals but could delay his execution for years by filing habeas corpus appeals. But he has refused to challenge his conviction and death sentence.
His brother Dustin Wade Tate sought to file the appeal on his behalf, but the judge said he was unable to prove the condemned man was “incompetent.”
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