An execution date for John Wayne Conner has been set for July 14, 2016. Georgia Attorney General Sam Olens offers the following information in the case against John Wayne Conner for the 1982 murder of James T. White.

Scheduled Execution

John Wayne Conner’s direct appeal proceedings and his state and federal habeas corpus proceedings have been concluded. Accordingly, on June 24, 2016, the Superior Court of Telfair County issued an order setting a seven-day period of time during which the execution of John Wayne Conner may take place. The period of time ordered by the Superior Court will last from noon on July 14, 2016, to noon on July 21, 2016. The execution has been set for Thursday evening, July 14, 2016.

Conner’s Crime (January 9, 1982)

The Georgia Supreme Court summarized the facts of the crime as follows:

At the time of the murder, Conner lived with his girlfriend, Beverly Bates, in Milan. On the evening of January 9, 1982, they rode with friends, including the victim, J. T. White, to a party in Eastman. After spending the evening drinking and smoking marijuana, the group returned to Milan around midnight. J. T., described by one witness as "humble and satisfied" and by another as "mellow," exited the vehicle with Conner and Ms. Bates at their house. Soon afterwards, Conner and J. T. left the house on foot, taking with them a nearly empty bottle of bourbon that Conner had purchased the night before. They walked to the home of Pete Dupree, woke him up, and asked him to take them to get more whiskey. He refused.

Then, according to Conner: "[M]e and J. T. left and went down the road. J. T. made the statement about he would like to go to bed with my girlfriend and so I got mad and we got into a fight and fought all the way over to the oak tree and I hit him with a quart bottle. He run over there to the fence trying to get through or across, I reckon, so I run over there and grabbed him and pulled him back and hit him again and he fell in the water and he grabbed my leg. I was down there at him right there in the ditch where he was at and he was swinging trying to get up or swinging at me to try to hit me one, and there was a stick right there at me, and I grabbed it and went to beating him with it."

The next day, J. T.'s body was found in a drainage ditch near the Milan Elementary School. Injuries on his forehead bore the pattern of the sole of a tennis shoe. His nose was broken, both his cheekbones were fractured, his eyes were swollen, and his left ear was severely damaged. He had been hit so hard in the face with a blunt object that teeth, as well as portions of the bone to which they were attached, were broken away from his upper and lower jaws. Dr. Larry Howard, who conducted the autopsy, testified that the trauma to J. T.'s head and face caused brain damage and bleeding in and around the brain which extended into his lungs, causing him to drown in his own blood.

Beverly Bates had gone to bed when Conner and J. T. left. When Conner returned, he woke her up and told her that they had to leave; he had had a fight with J. T. and thought he was dead. Conner ripped off his shirt and threw it into the fire. He told Ms. Bates that he knew where a car was with its keys in it.

The car was parked in front of the school. Before they left town, Conner told Ms. Bates that "he had to be sure," and walked toward the ditch. She heard a thud. Conner returned, and said now he was sure, let's go. They stopped to get gas in Eastman. Ms. Bates gave Conner $ 20 to buy gas with; in return, he gave her a bloody $ 5 bill. They were caught in Butts County.

The $ 5 bill, as well as a whiskey bottle and a tree limb found near the body, were subsequently analyzed and found to have blood on them that was consistent with that of the victim and inconsistent with that of Conner (understandable, since Conner suffered no injuries during the "fight").

Conner v. State, 251 Ga. 113-114 (1983).

The Trial and Direct Appeal (1982-1983)

Conner was indicted in the Superior Court of Telfair County, Georgia for malice murder, armed robbery and motor vehicle theft. On July 14, 1982, a jury convicted Conner as charged in the indictment and returned a sentence of death.

The Georgia Supreme Court affirmed Conner’s convictions for malice murder and motor vehicle theft and his death sentence but reversed his conviction for armed robbery on May 24, 1983. Conner v. State, 251 Ga. 113 (1983). The United States Supreme Court denied Conner’s request to appeal on October 3, 1983. Conner v. Georgia, 464 U.S. 865 (1983), rehearing denied, Conner v. Georgia, 464 U.S. 1005 (1983).

First State Habeas Corpus Proceedings (1984-2001)

Conner filed a petition for a writ of habeas corpus in the Superior Court of Butts County, Georgia on March 23, 1984. Evidentiary hearings were held on September 24, 1984 and February 11, 1985. On January 6, 1997, the state habeas corpus court entered an order denying Conner state habeas relief. The Georgia Supreme Court denied Conner’s appeal on September 11, 2000. The United States Supreme Court denied Conner’s request to appeal on June 25, 2001. Conner v. Head, 533 U.S. 932 (2001), rehearing denied, Conner v. Head, 533 U.S. 970 (2001). Federal Habeas Corpus Proceedings (2009-2015)

Second State Habeas Corpus Proceedings (2001-2002)

Conner filed a second petition for a writ of habeas corpus in the Superior Court of Butts County, Georgia on October 3, 2001. On October 26, 2001, the state habeas court entered an order denying Conner state habeas relief. The Georgia Supreme Court denied Conner’s appeal on March 25, 2002. The United States Supreme Court denied Conner’s request to appeal on October 7, 2002. Conner v. Head, 537 U.S. 908 (2002), rehearing denied, Conner v. Head, 537 U.S. 1069 (2002).

Federal Habeas Corpus Proceedings (2001-2016)

Conner filed a petition for a writ of habeas corpus in the United States District Court for the Southern District of Georgia on November 13, 2001. On November 6, 2009, the district court denied Conner federal habeas corpus relief. Thereafter, Conner’s case was appealed to the Eleventh Circuit Court of Appeals. On July 7, 2011, the Eleventh Circuit vacated the federal habeas corpus court’s denial of relief and remanding the case for further proceedings on Conner’s claim of intellectual disability. Conner v. Hall, 645 F.3d 1277 (11th Cir. 2011).

On June 11, 2013, following discovery and a federal evidentiary hearing, the district court entered an order denying Conner’s claim of intellectual disability. The district court also denied Conner federal habeas relief on all remaining claims in his petition. Conner’s case was again appealed to the Eleventh Circuit. On April 15, 2015, the Eleventh Circuit denied relief. Conner v. GDCP, Warden, 784 F.3d 752 (11th Cir. 2015). The United States Supreme Court denied Conner’s request to appeal February 29, 2016. Conner v. Humphrey, 136 S.Ct. 1246 (2016), rehearing denied, Conner v. Humphrey, 136 S.Ct. 1538 (2016).

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