Legitimacy: Van Hook and ABA shafted ‘in the Clutch’

During her time as a Justice on the Supreme Court, Sandra Day O'Connor stressed the importance of legitimacy as a means of upholding Court rulings. Legitimacy was the order of the day in the Supreme Court's recent ruling on Bobby v. Van Hook. Accused and convicted of aggravated murder, with capital specification and aggravated robbery of David Self in 1985, Robert J. Van Hook was sentenced to death. Van Hook filed 17 claims for post-conviction relief, appeals and rehearings--all of which were denied by the District Court. The Sixth Circuit Court, however, sided with Mr. Van Hook stating that his lawyers were remiss in their responsibilities during sentencing---his attorney's did not fully grasp the effects of his childhood, a tumultuous time of both physical and emotional abuse as a result of his parents substance abuse. Because his attorney's had not gathered sufficient information during investigation and, as a result, could not work diligently to alleviate the sentence.

When the case came before the Supreme Court on November 9, 2009, the Justices ruled that the Sixth Circuit Court was in the wrong in siding with Van Hook. Although the Supreme Court acknowledged the Circuit Court's support of the American Bar Association's (ABA) stance to fully investigate all potential mitigating circumstances, the Supreme Court believes that the Circuit treated the ABA stance not as suggestions, but commands. The Supreme Court maintains that Van Hook's attorney's were not negligent and reversed the judgment of the Circuit.

Justice Alito stated that American Bar Association, though respected, is comprised of a few select members who do not speak for all the members of the association. Against the standard of the Sixth Amendment which addresses criminal prosecutions, the court, not the ABA determines whether or not actions comply with the Constitution. And so we have it, the Justices’ ruling has taken into consideration that in the opinion of the court, the few members of the ABA are not the vox populi.