Joe Louis Wise

Case details

Name: Joe Louis Wise Status: Executed by electrocution in Virginia on September 14, 1993

The offence

In December, 1983, Joe Louis Wise robbed Mecklenburg Correctional Center employee Ricketson in nearby Boydton. Wise proceeded to beat Ricketson, shot him with two guns, and dumped him in a hole that had been dug for a toilet behind an old factory plant in Chase City. A skull fracture and gunshot wounds would have eventually killed the victim, but Ricketson died as a result of drowning in water which had accumulated in the hole. Wise then stole Ricketson’s truck.

The killing occurred in Mecklenburg County. Ricketson was found covered with dirt and cinder blocks in a shallow privy hole in Mecklenburg County.

Victim

William H. Ricketson Role: maintenance worker at the Mecklenburg Correctional Center Age: 43

Investigation and arrest

Wise was arrested that day as he was putting oil in Ricketson’s pickup. Wise admitted involvement in the crime.

An autopsy showed Ricketson had drowned after being beaten and shot in the eye and chest.

Trial

On November 8, 1984, Wise was convicted in the Mecklenburg County, Virginia, Circuit Court of:

• capital murder
• grand larceny
• armed robbery
• use of a firearm in the commission of a felony

On November 9, 1984, the jury found Wise’s conduct “outrageously or wantonly vile, horrible or inhuman in that it involved aggravated battery to the victim, beyond the minimum necessary to accomplish the act of murder,” and fixed his punishment at death (Va.Code Ann. § 19.2-264.2).

The United States Court of Appeals record reflected that Wise was sentenced to death for robbing and killing William H. Ricketson.

Sentencing

Wise was sentenced to death.

The jury sentenced Wise to death because it found the murder “outrageously or wantonly vile, horrible or inhuman” as an aggravating factor under Va.Code Ann. § 19.2-264.2.

Appeals

The procedural history in the federal appellate decision included the following:

• The Virginia Supreme Court affirmed Wise’s convictions and sentence on November 27, 1985 (Wise v. Commonwealth, 230 Va. 322, 337 S.E.2d 715 (1985)).
• On April 7, 1986, the United States Supreme Court denied certiorari (475 U.S. 1112, 106 S.Ct. 1524, 89 L.Ed.2d 921 (1986)).
• After a hearing, the Mecklenburg County Circuit Court dismissed Wise’s state habeas petition on December 11, 1989.
• Wise failed to file a notice of appeal until March 28, 1990, more than two months after the expiration of the thirty-day time limit under Virginia Supreme Court Rule 5:9(a).
• After a change in court-appointed counsel and leave “to pursue an appeal,” Wise appealed to the Virginia Supreme Court, which dismissed his petition for appeal on April 4, 1991.
• Wise then filed a petition for federal habeas corpus relief under 28 U.S.C. § 2254.
• On March 17, 1992, the district court granted the Commonwealth of Virginia’s motion to dismiss Wise’s petition.
• On October 8, 1992, the United States Court of Appeals granted a certificate of probable cause to appeal.

Federal appeal (Fourth Circuit)

Case citation: 982 F.2d 142 Title: Joe Louis Wise, Sr., Petitioner-appellant, v. David Williams; Attorney General of the Commonwealth Of Virginia, Respondents-appellees

Court: United States Court of Appeals, Fourth Circuit Argued: Oct. 26, 1992 Decided: Dec. 16, 1992 Panel: HALL, WILKINSON, and LUTTIG, Circuit Judges Decision: AFFIRMED

Wise appealed from the denial of his petition for a writ of habeas corpus by the United States District Court for the Eastern District of Virginia, and the Court of Appeals affirmed.

The Court of Appeals concluded that Wise’s claims were procedurally barred because the Virginia Supreme Court’s dismissal of his petition rested on an adequate and independent state law ground: the late filing of a notice of appeal.

The Court of Appeals addressed Wise’s arguments about:

• the adequacy of the procedural bar
• whether the Virginia Supreme Court’s decision rested on state law rather than merits
• “cause” based on counsel’s failure to file a timely notice of appeal
• the “fundamental miscarriage of justice” exception

Clemency and final days

Wise sought clemency from Gov. L. Douglas Wilder. Wise said his trial lawyer and two other lawyers appointed to represent him on appeal had failed to handle his case properly. Governor Wilder rejected Wise’s request.

As Wise’s execution approached, nearly 20 people gathered outside the prison. Some carried candles and prayed. Others came in search of a sense of finality.

David and Patricia Gregory of Richmond said they had come to find finality:

• Patricia Gregory said: “It’s like you get on with life.”
• Patricia Gregory added: “You start getting over it and then there’s another appeal or another article.”
• Patricia Gregory said: “We’re not here to celebrate.”
• Patricia Gregory said: “We’re just here to see justice.”

Patricia Gregory was Ricketson’s sister-in-law.

Outcome

Joe Louis Wise was pronounced dead at 11:12 P.M.

He was executed by electrocution in Virginia on September 14, 1993.

Other details

The legal decision record included a quotation of Rule 5:9(a) as: “No appeal shall be allowed unless, within 30 days after the entry of final judgment or other appealable order or decree, counsel for the appellant files with the clerk of the trial court a notice of appeal....”