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Chapter 20
Themes
Key
LitCharts assigns a color and icon to each theme in The Sun Does Shine, which you can use to track the themes throughout the work.
Discrimination and the Criminal Justice System
Optimism, Faith, and Choice
The Death Penalty
Suffering, Community, and Support
The Power of Stories
Summary
Analysis
The Alabama Supreme Court sends Ray’s case down to Jefferson County—they want the lower courts to rule on whether Payne was a competent expert. Since Judge Garrett has fully retired, a new judge, Laura Petro, is now deciding the case. It takes until March 2009 for Judge Petro to rule—her order concludes that Judge Garrett thought Payne was competent, but she doesn’t give her own opinion. Bryan says this is better than her agreeing with the state and independently finding Payne competent.
Ray’s case continues to highlight the complicated machinations of the court system. It takes another three years for Petro to agree with the ruling that Judge Garrett made, which ultimately changes nothing about his case—and all this time, Ray is still housed in a cell on death row. This continues to expose how the courts seem more interested in upholding their initial ruling than actually investigating his innocence, while they take years of his life away.
Themes
Ray is growing pessimistic. Since the day that Bryan hoped Ray would spend his last Thanksgiving on death row, 37 men have been executed. There are no more book club discussions. Relations between the guards and the inmates grow tense. The guards assure Ray that they would never kill him, but Ray knows this isn’t true.
As Ray’s appeal case drags on over decades, he becomes more aware of the stakes of his failure. While he wants to remain optimistic about his survival, watching others die around him makes him less sure that he will gain freedom.
Themes
Ray’s case goes back to the Court of Criminal Appeals, then to Judge Petro again because she didn’t rule on whether Payne was a qualified expert herself. In September 2010, Judge Petro rules that Payne was an expert because he had a knowledge of firearms identification beyond that of a normal witness, which is like Ray saying he is qualified as a heart surgeon because he once had an EKG. The case then bounces around the various courts again. Bryan never gives up, but Ray can tell that the work weighs heavily on him.
Like Judge Garrett, Judge Petro manipulates the law to uphold the initial ruling. Even if she is not actively discriminating against Ray, she is blatantly using the state’s biased reasoning in order to uphold the ruling, rather than recognizing Payne’s incompetence and investigating Ray’s innocence.
Themes
In 2013, the Alabama Supreme Court finally denies Ray’s appeal. When Bryan calls to tell Ray about the ruling, Bryan worries that he didn’t do enough. Ray stops Bryan and tells him to take the weekend off from worrying. Bryan thanks Ray, and when they hang up Ray is amazed at how much Bryan cares about him.
Even when Ray’s case hits roadblocks, he appreciates Bryan’s immense effort and care. In turn, Ray tries to support Bryan and lessen the burden that he feels to save his clients’ lives.
Themes
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When Lester visits Ray next, they talk about where Ray would go if he ever got out of prison. Soon, Ray will be on death row longer than he was a free man, and he’s not sure if he’s ever going to get out of prison. Lester assures him that he can’t stop fighting. He reminds Ray of when they would walk home from baseball games and hide in ditches, afraid to face what was coming at them. He says that they can’t hide—they have to keep fighting, no matter what happens.
Lester ties Ray’s actions back to their childhood, when they would hide in the ditches to avoid running into people who may want to hurt them for being Black. Whereas before, they would run from their fears, Lester argues that Ray has to maintain his perseverance in the face of challenges—he has to hold out hope that he can survive.
Themes
The next time Bryan visits, he presents Ray with their options. They can build a case based on Ray’s innocence with the Supreme Court, but if their petition is denied with the Supreme Court, it could also speed up the process for Ray’s execution. Otherwise, they can continue to appeal through the lower courts but not argue innocence. Hearing all of the options, Ray says that he wants to go to the Supreme Court. He doesn’t want to spend another 10 years bouncing around the lower courts. And he wants his innocence to matter.
While Ray values his life, he also knows that he can’t hold out hope with the lower courts for many more years. Instead, he chooses to fight for justice in trying to prove his innocence and bringing his case to the Supreme Court. In this way, Ray puts exposing problems with the criminal justice system and the death penalty above his life.
Themes
