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Stanley Marcus (judge)

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Stanley Marcus (born March 27, 1946) is a federal judge on the United States Court of Appeals for the Eleventh Circuit.

Judge Marcus was born and raised in New York City. He earned a bachelor's degree from Queens College, City University of New York, magna cum laude, in 1967. He earned his law degree from the Harvard Law School in 1971. Marcus also served on active duty in the U.S. Army in 1969, and served in the Army Reserve through 1974.[1]

Marcus clerked for U.S. District Judge John Ries Bartels from 1971 until 1973, and joined the New York law firm of Botein, Hays, Sklar and Herzberg as an associate in 1974. He became an assistant U.S. attorney in Brooklyn in 1975, and in 1978 was assigned to the U.S. Attorney's office in Detroit as Deputy Chief of the "Detroit Strike Force," which investigated organized crime in Michigan. In 1980, Marcus was appointed the Chief of the Detroit Strike Force, Organized Crime and Racketeering Section of the U.S. Department of Justice. In 1982, Marcus left Detroit and became U.S. Attorney for the Southern District of Florida, in Miami.[2]

Federal judicial service

A Republican, Marcus was nominated on June 20, 1985 by President Reagan to a newly created district judge seat at the United States District Court for the Southern District of Florida. He was confirmed by the U.S. Senate on July 16, 1985 and was sworn in on August 16, 1985, according to a September 26, 1997 article in the Fort Lauderdale Sun-Sentinel.

President Clinton nominated Marcus to the Eleventh Circuit on September 25, 1997, after a previous Clinton nominee for the seat, Charles "Bud" Stack, had withdrawn his name from consideration after his background was raised as an issue by Bob Dole during the 1996 presidential election.[3] Even though the U.S. Senate at that time was controlled by Republicans, Marcus' nomination was considered to be very uncontroversial. The U.S. Senate Judiciary Committee unanimously voted in favor of Marcus' nomination on November 6, 1997, and the full Senate unanimously confirmed him on November 7, 1997. "I'm deeply honored," Marcus told the Miami Herald in a brief interview in an article that appeared on November 8, 1997.

Judge Marcus is a member of the Judicial Conference Committee on Federal-State Jurisdiction and has been the committee's chairman since 1992. [4]

Troy Davis case

Marcus is a member of the three-judge panel which is expected to render a decision of extraordinary importance in the Troy Davis case. Davis was convicted and sentenced to death in 1991 for the 1989 murder of an off-duty police officer solely on the basis of now-discredited eyewitness testimonies. There was no physical evidence against him and the weapon used in the crime was never found.[5] Throughout the trial and subsequent appeals, Troy Davis has steadfastly maintained his innocence, claiming he was wrongfully convicted of the murder. Since the trial, seven of the nine prosecution witnesses who had linked Davis to the killing have signed affidavits recanting or contradicting their original trial testimony, claiming police coercion or questionable interrogation tactics. One of the witnesses who has remained consistent, Sylvester "Redd" Coles, was initially a suspect in the crime, as he was seen acting suspiciously the night of the officer's murder and has been heard boasting that he killed an off-duty police officer. In the years following Davis' conviction, nine individuals signed sworn affidavits suggesting that the real murderer is Coles, who first accused Davis of the crime. Troy Davis' case is currently pending before Judge Marcus and two other members of the 11th Circuit Court - Judges Rosemary Barkett and Joel Fredrick Dubina.

On October 24, 2008, the three-judge panel issued a stay of execution to consider Davis' newly-filed federal habeas petition, and on December 9, heard oral arguments in the case. They are expected to issue a decision determining whether it is constitutionally permissible to execute an innocent person, and whether Davis will be granted his right to have a judicial hearing to weigh the new, exculpatory evidence that has never been considered in a court of law. [6]

Personal Life

Marcus' wife is Judy. They have two children, Jonathan and Elizabeth. Jonathan is a medical professional in Rochester, NY. Judge Marcus is a known movie buff. Marcus teaches Religion and the Constitution and Trial Advocacy at Brooklyn Law School.[7]

References

  1. ^ http://www.fjc.gov/servlet/tGetInfo?jid=1477
  2. ^ Judge Stanley Marcus, http://www.ca11.uscourts.gov/about/judges/marcus.php
  3. ^ Dole Faults Clinton Choice for Federal Bench - New York Times
  4. ^ http://www.ca11.uscourts.gov/about/judges/marcus.php
  5. ^ "Amicus curiae brief" (PDF). SCOTUS blog. 2008-08-13. Retrieved 2008-12-10.
  6. ^ "Judges differ as Davis seeks new trial". Atlanta Journal Constitution. 2008-12-10. Retrieved 2008-12-15. {{cite web}}: Italic or bold markup not allowed in: |publisher= (help)
  7. ^ Brooklyn Law School, Adjunct Faculty, http://www.brooklaw.edu/faculty/adjunct/#93
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