Directions use this google doc to write your amicus brief.

Turn into classroom: 100 points - see

assignment for details on what should be included.

In The Supreme Court of the United States

Dexter (Petitioner) v.
Michigan State Prosecutor (Respondent)
On Writ of Certiorari
To the Supreme Court of the United States
Brief Amicus Curiae Of The
Criminal Bar Association
In Support of petitioner

The rights of Dwight Dexter were not upheld in the criminal justice system. Many events leading up to
and during the trial were unfair and several amendments were broken. These violations and
inconsistencies led Dwight Dexter to serve for twenty years and be continuously sentenced to death.

Before the trial even took place Sheriff Dodd had pulled Dwight over and proceeded to search him
without a warrant on July 24, 1982. This is a violation of the fourth amendment: “The right of the
people to be secure in their persons, houses, papers, and effects, against unreasonable searches and
seizures, shall not be violated.” At the time, Sheriff Dodd didn’t have any concrete proof of Dwight being
guilty, purely investigating a hunch, which isn’t dependable. Even though a weapon was found it didn’t
match the one Floyd Babb was killed with but got sent to the station anyway. This coincidence can lead
to framing and having an innocent person behind bars.

Morgan Livingston, a witness and informant they’ve previously worked with had also backtracked his
statements from twenty years ago. In 1999 he had admitted to being paid by the state to lure Dwight
Dexter and even lied during his sentencing back in September 1982. When asked if he was being paid by
an informant he stated no, but the truth finally came out. This wasn’t the only person who had lied
during the trial, Randolph Stone had also admitted the truth in 1999. On July 24, 1982 Randolph Stone
states, “Sunday, July 18, at 8:30 a.m. Dwight Dexter pulled up in a blue Chevy and asked for help…he
told me that he killed a white boy in Eaton and that he still had the gun.” Then, twenty years later he
restates that Dwight Dexter did show up in the morning but was empty handed and didn’t confess to
any crime. Also, both Randolph Stone and Morgan Livingston were coached pretrial but the transcripts
were purposely suppressed allowing their lies to get this far. These events are very similar to the
precedent case Strickland v. Washington. Both cases involve people sentenced to death without much of
or any proof.

The trial also violates the sixth amendment, “In all criminal prosecutions, the accused shall enjoy the
right to a speedy and public trial, by an impartial jury of the Senate and district wherein the crime shall
have been committed.” Although they did uphold the impartial part when coming with probable cause,
the jurors themselves weren’t very diverse. It was predominantly white people and most of the African
American jurors were excused from the trial because of their probable cause. Also, the trial isn’t speedy.
It took twenty years for his death penalty to be overturned, despite it being rejected or pending
previously which is too long of a time and a serious thing to just change your mind about.

Ultimately Dwight Dexter’s trial wasn’t fair and multiple rights weren’t upheld. The evidence that got
him behind bars wasn’t even real, it took twenty years to be appealed, and a few amendments were
broken. It only gets worse when you consider the ratio between white and black judges and the
hardships going on around this time.
Respectfully, submitted, Natalie Lucero

Attorney at Law, Criminal Bar Association