Summary Judgment

A copy of Summary Judgment was provided to me with the understanding that I would provide an objective review. We find here a compelling memoir - but more than a memoir - a book that complicates usual narratives - a book that pulls the reader into consideration and reconsideration of underlying presuppositions - a book written from a you-are-there perspective. Clearly written by an accomplished attorney and yet accessible to an every day reader, this true story is at moments gripping and always thoughtful.

From its tone, voice, and legal rigor, Summary Judgment is a book that is clearly written by an attorney. But, it is also a great story, told well. In typical true crime fashion, its first pages contain a murder. This murder, which takes place in rural Alabama, would turn out to be a life-changing event for the author, a successful corporate litigator and family man in Chicago, Illinois, who was actively seeking greater fulfillment than just “winning” cases. He was also looking for opportunities to give back.

The author’s quest led to several pro bono legal defenses, one of which involved a minister who had been arrested for allegedly soliciting an undercover policeman. The author’s recounting of his own career, his personal desire to pursue so-called un-winnable cases, the facts of this case, and his litigation strategy provide an excellent preview of the rest of the book.

The rest of the book is about the murder -- who did it, context and circumstances, the ensuing death-penalty trial, appeals, litigation strategy, the horribly unjust implementation of the death penalty, and the consequences of incompetent legal representation. The author was selected by the ABA Death Penalty Representation Project to represent Tommy Hamilton who killed Lehman Wood in the Bankhead National Forest near Moulton, Alabama. Realizing the obvious difficulties that he would face as a Chicago corporate lawyer interacting with the Alabama courts, the author enlisted, among others, the assistance of Sister Lynn McKenzie, a Benedictine nun, also known as Ninja Nun. To quote the author: “While those of us in law firms catering to corporations were doing well in life, Lynn and her sisters were truly doing good.”

The time span of the author’s most intensive involvement in Tommy Hamilton’s case ran from 1984 to 1996. The book provides much detail that may well be best appreciated by legally trained readers. But still, it is riveting. Much discussion is devoted to the death penalty. There is no sugar-coating in the recounting of events.

Ultimately, this book is a case study that graphically illustrates an important truth: Justice is not merely about exonerating the innocent or simply winning at trial. A lawful result may not be achieved by unlawful means. The legal process, which is too often flawed, matters.

Seeking justice is frequently quite messy.

An amazing true story, candidly told from a lawyer’s perspective!
Tommy Hamilton is sentenced to death for killing a man, along with his then wife and sister, their punishment wasn’t as harsh. Tommy wants to be freed or take the death penalty. Tommy’s mother campaigns to see her son dealt with fairly, she would rather he stay alive than die.
This is a brilliant description of a convicted criminal living on death row.
Donald Cameron Clark Jr is talented in explaining the legal considerations, history and trial research, the process of appeals and delving into the guilt or innocence and mental health of the accused.
If you love a true story and you’re interested in the legal system, this book will be of great interest.
Thank you to Donald Cameron Clark Jr for writing a detailed portrayal of the legal system. An enjoyable and well-written book!

‘I voluntarily read and reviewed an advanced copy of this book. All thoughts and opinions are my own.’

Reading Summary Judgement is to take a peek behind the legal curtain and come face to face with the reality of the death penalty – the years of appeals endured by the convicted, the moral and professional challenges undertaken by those who champion the defense and the very real emotional roller coaster ride for the families, of both the victim and the offender. Donald Cameron Clark, Jr.’s retelling of this true and intriguing saga will leave even the most ardent death penalty proponent contemplating how we arrive at true justice.

I loved the perspective from the author as a defense lawyer. He provided a multitude of information regarding his client’s case, giving the reader an insider’s look on a homicide. This book is perfect for fans of John Grisham.

I thoroughly enjoyed reading Summary Judgment. Mr. Clark tells a compelling story in a manner that succeeds in being informative, entertaining, vulnerable, and effectively paced. I was especially grateful for the manner in which the author balanced (1) giving legal laypeople, like myself, sufficient information to understand technical legal terminology and relevant legal precedents; while (2) NOT providing such an abundance of explanatory material as to constitute TMI. In my opinion, Mr. Clark walked the "enough but not too much" line very effectively.

Don Clark’s offering, Summary Judgment, follows quite an interesting career from an early stage, but deals extensively with a death penalty case that he took on pro bono, after it had been tried. I did not know there was such a thing as a collateral relief proceeding. But that is what Clark came to offer his services for. There is considerable legal language but it does not stand in the way of this unique volume. Clarks work will be of special interest to other lawyers but is quite accesible to all. A worthy read.

In Summary Judgment, author and attorney Donald Cameron Clark, Jr. walks us through the “making” of a death row inmate. His story powerfully reveals the commitment it takes from people of goodwill and brilliant legal minds to navigate the complicated system that upholds capital punishment. This book both breaks my heart for the failures of our system and gives me hope that attorneys like Donald Clark make a difference. Clark’s writing is engaging, walking us through the legal system in a way that helps those of us not in the legal field understand the challenges of death row cases. Highly recommend!

Thank you to Netgalley for an advanced copy of this book in exchange for an honest review.
I love anything to do with the law, and this book was right up my street. Full of history on the law on the death penalty in the US. A good read. Recommended.

"I was not so much defending the man and what he had done as I was defending the law under which he should have been tried in the first place. This may be difficult duty for a lawyer in the case of the factually guilty client, but it is necessary for our free society nonetheless."

Clark's book starts off with one very clear fact: his client Tommy Hamilton was guilty of murder. He was on death row in Alabama (a state that today "continues to sentence more people to death per capita [...] than any other state") and Clark was chosen to represent him through the Death Penalty Representation Project.

Clark's book gives readers a look at his early life as a lawyer before jumping into his retelling of his work on Tommy's post-conviction hearings. His detailed history of the death penalty in America was fascinating and well researched. And his efforts on behalf of his client give me hope for the justice system.

Clark's retelling of this case is mixed in with helpful explanations of his actions for readers (like me) who are not well-versed in law, court cases, and legal strategy. I was worried I wouldn't be able to follow along with all the ins and outs of a case like this, but Clark does a great job of detailing his thoughts and actions which helped me really experience the ups and downs he did during the trial.

Overall, this was a fascinating story of one counselor-at-law who fights to make sure his client gets the fairest representation, regardless of his actions. As a fan of true crime, I really enjoyed getting a firsthand look at the legal aspect of a case like this. Clark clearly took his role in these proceedings very seriously and his passion and commitment to his client and justice as a whole is incredibly inspiring.

Summary Judgement is written by a lawyer, Donald Cameron Clark, Jr., who garnered experience in many different types of law and developed an obvious passion for his profession. The author is also a master storyteller, with an eye for the small details that place the reader on the lonely road through the woods where a real-life murder takes place in a haze of booze and drugs, or in the slovenly home of the murderer's family. And, the issues that play into this case are issues of national concern, so the book can be read on three levels:
1) by high schoolers studying U.S. history and issues of social justice
2) by law students seeking an up-close look at a death penalty case with multiple appeals
3) by general or "true-crime" readers who have an interest in how our country's justice system works or doesn't.

For high school students, the book raises many questions about equal justice before the law, the treatment of indigent criminals, the impact of incarceration on prisoners, and the lack of educational and work opportunities in parts of the U.S. Teachers will find that there are many starting points for class discussion about justice, poverty, protection of children, and the history of the death penalty.

Law students and others studying systemic problems with the justice system -- police bias, inadequate or even negligent legal representation for the poor, unequal application of the death penalty, a lack of understanding of mental capacity, just to name a few -- will find the detailed explanations of per-trial investigations, trial tactics and appeal strategies edifying. The bibliography enables readers to track down death penalty history, statutes and cases, and to see how this particular case played out in the media,

The inclusion of extensive transcripts of trial testimony provides clear examples of how to draw out important information that can be literally life-saving, as well as examples of ineffective legal representation. Summary Judgement make it all too clear that punishment seldom fits the crime, but rather is dealt like a deck of cards depending on the prosecutor, the defender and the judge. These sections also read like something out a television show, at times, and will appeal to the law students and general reader alike.

For the general reader, some of the early detailed description of how law firms operate and the listing of the many attorneys who influenced the author can be sped through to get to the central part of the story, the tragic murder of a man by a trio of young people whose roles in the crime are constantly in question. Also in question is the capacity of the justice system to recognize when an injustice has been done. The "good-ole boy" network is alive and well, with police, prosecutors and justices forming a cozy fraternity that does not welcome scrutiny.

The author's personal journey -- from corporate climber to compassionate defender -- layers under the story of the crime, inviting each reader to question the choices they have made in life, and to wonder where we could each choose a different path to make a greater contribution to society. One story in particular, of how a nun who is co-counsel with the author shows him the true meaning of compassion, is just one of the gems that glitter in this gritty death-penalty saga. One of the book's most important lessons plays out in a "Where They Are Now" Epilogue. As in real life, there are no perfectly happy endings, and the book leaves you wanting to know more.

When I began this book I thought I was in for a good legal drama. And I was. But Summary Judgment is so much more than that. It's a story about humanity, the value of human life, and the civic responsibility to use the resources at our disposal to help those who are less fortunate. Clark does a masterful job recounting a pivotal case in his career, and in doing so, shines a light on the unfortunate failings of the U.S. criminal justice system, but also how a few people can help to remedy those failings one client at a time through grit, skill, and by caring enough to try and give their very best. Also, while this book is certainly for anyone, as an attorney, I didn't mind at all learning from the wisdom of this seasoned fellow litigator/trial lawyer's strategy decisions as he navigated the appeal process for a client whose very life hung in the balance. Truly a riveting read.

This is a case I have not heard before and I was looking forward to read it. I liked how the chapters are organized in a clear manner. I appreciate the depth of research done in this book but I struggled to be really invested in the book. The writing was a little dry and too textbook-like. I wasn't able to finish it. But I am giving this book a rating based on the contents in this book which I still think it is good.

Pub. Date: Sep 7, 2021

***Thank you Sgian Dubh Press and NetGalley for this gifted review copy to read and review. All opinions expressed are my own.***

Summary Judgement is the true story of Tommy Hamilton, convicted of murder and sentenced to death in rural Alabama, written by his appeals attorney. Meticulously researched, the book does get bogged down at times as the author delves into the history of the death penalty, and at other points when he cites specific court rulings to support his appeal briefs. While there is no doubt of Tommy’s guilt, there are valid questions as to how fair the sentencing process was, and that constitutes the bulk of this story. While I don’t necessarily agree with the author’s POV on the death penalty or his client’s culpability, it’s an interesting insider look at the process, one we rarely see, and that makes this a worthwhile read. I received an ARC of this book from the publisher through NetGalley in exchange for an honest review.