12 results for 'cat:"Death Penalty" AND cat:"Habeas" AND cat:"Murder"'.
[Modified.] J. Streeter makes two minor wording changes with no change in judgment. One of nine claims defendant made in his kidnapping, robbery and murder case, which led to a death sentence, is entitled to a certificate of appealability. Reasonable jurists could find that the trial court improperly excused a juror who said she was "neutral" on the death penalty and said she did not want to make a life-or-death decision, but did not say she could not impose the death penalty. Also, the statutory 10-day deadline for granting or denying requests for certificates of appealability is directory, not mandatory. A substantial claim to relief is strong enough for a certificate to issue if jurists could debate whether the trial court erred. And a request must come with a record that is adequate for appellate review.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: March 27, 2024, Case #: A169146, Categories: death Penalty, habeas, murder
J. Streeter issues a certificate of appealability on one of nine claims defendant made in his kidnapping, robbery and murder case, which led to a death sentence. Reasonable jurists could find that the trial court improperly excused a juror who said she was "neutral" on the death penalty and said she did not want to make a life-or-death decsion, but did not say she could not impose the death penalty. Also, the statutory 10-day deadline for granting or denying requests for certficates of appealability is directory, not mandatory. A substantial claim to relief is strong enough for a certificate to issue if jurists could debate whether the trial court erred. And a request must come with a record that is adequate for appellate review.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: March 11, 2024, Case #: A169146, Categories: death Penalty, habeas, murder
J. Bumatay finds that the district court properly denied a habeas corpus petition challenging defendant's Nevada conviction and death sentence for robbery, burglary, and the first-degree murder of his former girlfriend's father. Defendant claimed that the Antiterrorism and Effective Death Penalty Act’s (AEDPA) deferential standard applies to his right-to-present-a-complete-defense claim. Defendant waived this issue by not presenting it to the district court. Affirmed.
Court: 9th Circuit, Judge: Bumatay , Filed On: February 9, 2024, Case #: 16-99000, Categories: death Penalty, habeas, murder
J. Rothschild finds that defendant is not entitled to appeal the denial of his habeas petition for guilt phase relief under the Death Penalty Reform and Savings Act. He was granted habeas relief on his ineffective assistance claim and his death sentence was reduced to life without parole, so relief under the Act is no longer available to him. Affirmed.
Court: California Courts Of Appeal, Judge: Rothschild, Filed On: January 29, 2024, Case #: B325525, Categories: death Penalty, habeas, murder
J. Keller finds that upon reconsideration of defendant's habeas petition, which claimed false testimony related to his murder conviction, the court's previous denial stands. None of the newly presented material which alleges false testimony is convincing to likely change the outcome of his conviction.
Court: Texas Court of Criminal Appeals, Judge: Keller, Filed On: September 27, 2023, Case #: WR-81,574-02, Categories: death Penalty, habeas, murder
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J. Wilson finds that the district court properly denied defendant's habeas petition for relief from his death sentence for murder. Defendant failed to show that he was prejudiced by his sentencing counsel's failure to present additional evidence about his mental state at the time of the crime or his bipolar disorder. Affirmed.
Court: 11th Circuit, Judge: Wilson, Filed On: September 5, 2023, Case #: 22-10329, Categories: death Penalty, habeas, murder
J. Du grants the death row inmate’s petition for a writ of habeas corpus on grounds of ineffective assistance. The court finds that supplemental mitigation evidence about his childhood upbringing, which was readily available had trial counsel investigated, portrayed defendant’s background as being filled with abuse, sexual abuse, encouraged drug use and neglect. This ground for granting the petition is substantial, and defendant has demonstrated cause and prejudice. A certificate of appealability is granted as to other grounds and defendant’s death sentence is vacated.
Court: USDC Nevada, Judge: Du, Filed On: August 11, 2023, Case #: 2:99cv360, NOS: Death Penalty - Habeas Corpus, Categories: death Penalty, habeas, murder
J. Wilson finds that the district court properly granted defendant's petition for habeas relief from his death sentence for murder. The district court correctly found that defendant's trial attorneys were ineffective during the penalty phase of the trial for failing to adequately investigate defendant's background and present mitigating evidence. Defendant's attorneys did not use court-awarded funds to retain a mitigation investigator and unreasonably delayed the start of their mitigation investigation. The investigation that was conducted was minimal and failed to uncover or present the jury with evidence of defendant's troubled upbringing and childhood sexual abuse. The trial outcome may have been different if the jury had been presented with all of the mitigating evidence. Affirmed.
Court: 11th Circuit, Judge: Wilson, Filed On: July 11, 2023, Case #: 21-13734, Categories: death Penalty, habeas, murder
J. Smith, by certificate of appealability, finds the district court properly dismissed the capital murder death row inmate’s habeas petition. Though he says his late filing is excusable due to the Office of Capital Writs failure to fully investigate his mental health, his counsel did investigate by requesting a medical evaluation, at which point they were meaning to determine whether or not to allow the inmate to dismiss them and proceed pro se. Counsel was not ineffective in this. Affirmed.
Court: 5th Circuit, Judge: Smith, Filed On: June 19, 2023, Case #: 21-70008, Categories: death Penalty, habeas, murder
J. Tallman finds that the district court properly denied defendant's federal petition for a writ of habeas corpus in a case in which defendant was sentenced to death for a murder in 1979. Defendant claimed that he is intellectually disabled and therefore cannot constitutionally be executed. Under a three prong test, defendant did not establish that he suffered from significantly sub-average intellectual functioning. Affirmed.
Court: 9th Circuit, Judge: Tallman, Filed On: June 9, 2023, Case #: 20-99012, Categories: death Penalty, habeas, murder
J. Thapar finds the district court properly denied the death row inmate's petition for a writ of habeas corpus related to his convictions for the kidnapping, rape and murder of a 9-year-old girl. Defendant's ineffective assistance of counsel claim related to DNA evidence found on the shorts of the victim was not only adjudicated on the merits by a state court, but the inmate failed to show the decision was unreasonable. Furthermore, several of the inmate's other ineffective assistance claims, including the lack of mitigating evidence about his childhood, were defaulted when he failed to raise them before the lower court and failed to present any significant evidence from the state court record. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: June 5, 2023, Case #: 19-5427, Categories: death Penalty, habeas, murder
J. Pryor finds that the district court properly denied defendant's petition for habeas relief from his death sentence for murder, armed robbery, burglary and other offenses. Defendant failed to show that the circumstances surrounding his challenges to allegedly racially-motivated jury strikes were not properly considered or adjudicated by the Georgia Supreme Court. Although inappropriate, the prosecutor's rants are not decisive evidence that he would discriminate against Black jurors if the U.S. Supreme Court's ruling in Batson v. Kentucky did not stop him. Correct standards were applied in finding that defendant's counsel adequately presented evidence at trial and sentencing of defendant's intellectual disability, mental illness and mitigating circumstances. The district court correctly found that defendant forfeited any direct challenge to his conviction based on his intellectual disability. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: June 2, 2023, Case #: 20-12804, Categories: death Penalty, habeas, murder