International Socialist Review Issue 11, Spring 2000 The case of Exzavious Gibson: “But I don't have an attorney...” ON OCTOBER 12, 1999, the U.S. Supreme Court refused to review the case of Exzavious Gibson. Exzavious, a Georgia death row inmate, sought post-conviction relief. His IQ was measured on several tests to be somewhere between 76 and 82. Exzavious had filed a form petition for habeas corpus relief because he had no lawyer to represent him. A Georgia Superior Court judge nevertheless conducted a hearing—even though Gibson had no legal counsel. The hearing to determine the validity of Gibson’s conviction and death sentence began as follows: The Court: Okay. Mr. Gibson, do you want to proceed? Gibson: I don’t have an attorney. The Court: I understand that. Gibson: I am not waiving my rights. The Court: I understand that. Do you have any evidence you want to put up? Gibson: I don’t know what to plead. The Court: Huh? Gibson: I don’t know what to plead. The Court: I am not asking you to plead anything. I am just asking you if you have anything you want to put up, anything you want to introduce to this Court. Gibson: But I don’t have an attorney. The court proceeded. Then, Assistant Attorney General Mullis—an expert prosecutor in capital habeas corpus cases—presented the testimony of Gibson’s trial attorney. When he finished, Gibson was asked if he wanted to conduct a cross-examination. The Court: Mr. Gibson, would you like to ask Mr. Mullis any questions? Gibson: I don’t have any counsel. The Court: I understand that, but I am asking, can you tell me yes or no whether you want to ask him any questions or not? Gibson: I’m not my own counsel. The Court: I’m sorry, sir, I didn’t understand you. Gibson: I’m not my own counsel. The Court: I understand, but do you want, do you, individually, want to ask him anything? Gibson: I don’t know. The Court: Okay, sir. Okay, thank you, Mr. Mullis, you can go down. Despite intervention in his case by Stephen Bright’s Southern Center for Human Rights (SCHR), the Georgia Supreme Court refused to issue a certificate of probable cause to review Exzavious’ case, and the U.S. Supreme Court refused to overrule that finding. Source: “U.S. Supreme Court refuses to review case of death-sentenced man forced to represent himself despite Center’s friend-of-the-court brief,” Southern Center for Human Rights Web site, http://www.schr.org/news/news_deniedcounsel.htm (as of March 16, 2000).