Loggins v. State, 2005 WL
563988(Ala.Crim.App. 3/11/2005) Finding a
technicality to bar relief, imposition of juvenile death penalty upheld.
Slaughter
v. State, 2005 WL 562759
(Okla.Crim.App. 3/10/2005)
Petitioner's third application for post-conviction relief, motion for
evidentiary hearing, motion for discovery, and motion for stay of
execution denied, including claims relating to bullet lead comparison,
DNA and brain fingerprinting.
People
v. Vieira, 2005 WL 517326 (Cal 3/7/2005) Relief denied,
save
for one death sentence that was imposed on a conspiracy to commit
murder count.
Mathis v. Dretke,
2005 WL
580234 (5th Cir 3/11/2005) COA denied on claims relating to
"five errors: that (1) the refusal to conduct a live evidentiary
hearing in the state habeas proceeding violated his due process rights
and interfered with the district court's ability to perform its
function under § 2254; (2) the trial court violated his
constitutional rights by refusing to give an instruction of
manslaughter with respect to the killing of Daniel Hibbard; (3) the
trial court erred in failing to conduct a competency hearing
sua
sponte at trial; (4) the prosecution violated his due process
rights by withholding impeachment evidence relating to the State's
witness Gregory Jackson; and (5) his trial counsel's representation at
trial was ineffective and resulted in actual prejudice at his trial and
sentencing."
Dickson v. Dretke, 2005 WL 477986 (N.D.Tex. 3/1/2005) Report and
recommendation arguing for denial of relief.
State
v. Stephenson, 2005 WL 551938 (Tenn.Crim.App. 3/9/2005)
Relief denied at resentencing on issues including: (1) double
counting; (2) failure to charge aggravators in indictment; (3) failure
to suppress defendant's statement; (4) admission of testimony from
prior trial; (5) admission of certain physial & testimonial
evidence; (6) mention of polygraph; (7) prosecution's closing; (8) use
of victim impact instruction; (9) refusal to charge on parole
eligibility; (10) breaking of juror sequestration; and (11)
jurisdiction of trial court to hold a resentencing hearing.
Hill v. Mitchell, 2005 WL 525231 (6th Cir 3/8/2005)
Relief denied most notably on trial counsel's "failure to hire a
mitigation psychologist until the day before the mitigation hearing
constituted ineffective assistance of counsel." However, "even assuming
that the delay in hiring this psychologist amounted to objectively
defective lawyering, we agree with the district court that Hill has not
shown that the delay prejudiced the penalty phase of his trial—first
because the mitigation theory that the psychologist did present (that
Hill was suffering from cocaine psychosis at the time of the murder)
did not differ in material ways from the one that would have been
presented with more preparation and, second, because nine psychological
and background assessments of Hill had already been undertaken by the
time the mitigation psychologist had been hired and all of them were
submitted to the jury during the sentencing hearing."
People
v. Smith, 2005 WL 549550 (Cal 3/10/2005) Relief deneid on
claims relating to: (1) failure to remove two jurors under Wheeler;
(2) testimony by a state's psychologist that the like those
at issue were generally committed by sexual sadists; (3)
admission of
newspaper articles found
relating to child abuse that were found in Appellant's home; (4)
admission of expert testimony concerning the experience of child
victims of violent sexual assaults; (5) there is no penalty phase
burden of persuasion that would require burden of proof instruction,
and (6)
People's reference to Hitler in
closing argument was not misconduct.
Jordan
v. State, 2005 WL 552382 (Miss. 3/10/2005) Post-conviction
relief denied on claims relating to: (1) evidence relating to blood
splatter and the state's “execution-style” theory; (2) ineffective
assistance of counsel relating to (a) blood splatter; (b) jury
instructions, including HAC; (c) mental health evaluation; (3)
and fundamental fairness as of "all the inmates sentenced to death
prior to the change of law announced in Jackson v. State, 337 So.2d
1242 (Miss. 1976), he is the only one who remains on death row. All the
other ultimately received a life sentence."
Hodges
v. State, 2005 WL 552210 (Miss 3/10/2005) Relief denied
on claims including (1) inflammatory cross by the State; (2)
State's penalty phase closing; (3) admission of prior crimes evidence
at sentencing; (4) claims of ineffective assistance of
counsel at all stage of prosecution; (5) failure to accurately instruct
on parole eligibility; (6) failure to adequately charge capital murder
in indictment; (7) improper removal of coause; (8) admission of, and
bad instructions relating to,"other crimes" evidence; (9) failure to
give lesser included charges despite defense request; (10)sufficiency
of kidnapping charge; (11) double counting of aggravators; and
(12) avoiding arrest aggravators