Mitigation Law
 
State of Tennessee v. Marty E. Hughes

The evidence at trial established that on March 2, 2014, Hughes approached Maquita Epps outside an apartment complex and said, “[Y]ou‟re . . . pretty. I want to get some of that p[----].” Epps immediately informed her mother, Michelle Torres, and her mother‟s boyfriend, Elmer Jarnigan, who were at a house nearby, of the statement Hughes made to her. Then Jarnigan, Torres, and Latash... More...   $0 (01-02-2017 - TN)

State of Tennessee v. Edythe Christie

Defendant, a lawyer, was indicted by the Madison County Grand Jury in September of 2014 for tampering with evidence. The case against Defendant arose in conjunction with the investigation into the death of Brittany Christie, who was found dead in a motel room in Jackson, Tennessee, in early December of 2013 from an apparent
- 2 -
overdose of heroin and Klonopin. John Christie, Defendan... More...
   $0 (01-01-2017 - MA)

CHARLIE TUCKER v. THE STATE OF OKLAHOMA

Charlie Tucker was tried by jury and convicted of Count I, Assault and Battery with a Deadly Weapon in violation of 21 O.S.2011, § 652, and Count III, Obstructing an Officer (misdemeanor) in violation of 21 O.S.2011, § 540, all after former conviction of a felony, in the District Court of Cleveland County, Case No. CF-2012-2223.1 In accordance with the jury's recommendation the Honorable Tracy Sch... More...   $0 (12-29-2016 - OK)

STATE OF KANSAS v. CHRISTOPHER BRYON VOLLE

In January 2015, Volle pled no contest to two counts of aggravated battery against his wife, Stephanie Volle. In exchange for Volle's plea, the State agreed to dismiss five additional counts and recommend probation. The district court sentenced Volle to consecutive sentences of 36 months and 32 months respectively, for a total of 68 months' imprisonment. After taking into account Volle's military ... More...   $0 (12-28-2016 - KS)

State of Nebraska v. Douglas M. Mantich

Mantich was convicted of first degree murder and use of a weapon to commit a felony in September 1994. The following factual recitation is from this court’s 2014 opinion vacating Mantich’s life sentence:
On December 5, 1993, a gathering was held to mourn the death of a “Lomas” gang member. Several members of the gang attended the party, including Mantich, Gary Brunzo, Daniel Eona, Juan Carrera... More...
   $0 (12-27-2016 - )

STATE OF KANSAS v. LONNIE C. FEENSTRA

Lonnie Feenstra was charged with fleeing or attempting to elude a law enforcement officer, aggravated assault on a law enforcement officer, and 26 other felonies, misdemeanors, and infractions after a police chase following an attempted traffic stop.

In a plea agreement, Feenstra agreed to plead no contest to one count of fleeing or attempting to elude a law enforcement officer and on... More...
   $0 (12-19-2016 - KS)

STATE OF NEW JERSEY v. MICHAEL D. EMANUEL

Defendant Michael D. Emanuel was tried before the South Orange
Municipal Court and convicted of committing the disorderly persons
offense of lewdness, N.J.S.A. 2C:14-4a. The municipal court
sentenced him to pay a maximum fine of $1000 and ordered him to
pay court costs and other mandatory penalties. Pursuant to Rule
3:23-8(a), defendant appealed to the Law Division for a... More...
   $0 (12-17-2016 - NJ)

CHANCEY ALLEN LUNA v. THE STATE OF OKLAHOMA

Appellant Luna shot and killed Christopher Lane on August 16, 2013.2 Luna fired the fatal shot from the backseat of a black Ford Focus driven by Michael Jones as Lane was jogging alone down a road in Duncan, Oklahoma. James Edwards, Jr., who was in the car in the front passenger seat, cooperated with the prosecution and testified against Luna in exchange for a reduced charge.3 Edwards' testimony w... More...   $0 (12-16-2016 - OK)

RANDY WILLIAM GAY v. STATE OF ARKANSAS

Gay does not challenge the sufficiency of the evidence. Therefore, only a brief
recitation of the facts is necessary. James Westlake testified he and his family operated a
timber business in Garland County in 2011. James testified that he paid Gay “a few hundred
dollars each week” to “keep an eye” on their equipment overnight. On May 10, 2011,
James, Jim Westlake, and Rickey Ste... More...
   $0 (12-12-2016 - AR)

Dang Duy Truong v. The State of Texas

A grand jury indicted appellant Dang Duy Truong for aggravated robbery
with a deadly weapon arising from a robbery at the Beijing Game Room in
Houston, Texas. During a trial before a jury, Truong admitted to participating in
the robbery. The jury convicted him of aggravated robbery with a deadly weapon
and assessed punishment at 40 years in prison. See TEX. PENAL CODE § 29.03. ... More...
   $0 (12-09-2016 - TX)

CHANCEY ALLEN LUNA v. THE STATE OF OKLAHOMA

Appellant Luna shot and killed Christopher Lane on August 16, 2013.2 Luna fired the fatal shot from the backseat of a black Ford Focus driven by Michael Jones as Lane was jogging alone down a road in Duncan, Oklahoma. James Edwards, Jr., who was in the car in the front passenger seat, cooperated with the prosecution and testified against Luna in exchange for a reduced charge.3 Edwards' testimony w... More...   $0 (12-08-2016 - OK)

State of Nebraska v. Rosario Betancourt-Garcia

On November 15, 2003, officers of the Madison Police
Department responded to a call and found a young man who
had been bound and gagged. After the young man related that
Betancourt had kidnapped him, the Madison Police Department
conducted an immediate search for Betancourt, but did not
find him.
On November 17, 2003, the Madison County Court issued
warrants for the arr... More...
   $0 (12-07-2016 - NE)

Franklin Lawton vs. The State of Florida

Pursuant to section 921.0026(2)(d), Florida Statutes (2015), Lawton filed a
motion for a downward departure based on the grounds that he required specialized
treatment for his physical disabilities and was amenable to treatment. Neither in
his motion nor at the hearing did Lawton raise rehabilitation or remorse as reasons
for mitigation. At the hearing on the downward departu... More...
   $0 (12-03-2016 - FL)

Paul Beasley Johnson v. State of Florida

In 1981, Paul Beasley Johnson was convicted of, among other crimes, three
counts of first-degree murder in the deaths of William Evans, Daryl Ray Beasley,
Jr., and T.A. Burnham. Johnson v. State, 438 So. 2d 774, 775-76 (Fla. 1983). We
affirmed Johnson’s convictions and death sentences on direct appeal. Id. at 780.
After the Governor signed a death warrant for Johnson, we gr... More...
   $0 (12-03-2016 - FL)

STATE OF IOWA vs. THOMAS EDWARD JENKINS SR

Thomas Jenkins appeals the sentence imposed following this court’s prior
decision that vacated his sentence and remanded the matter for resentencing.
See State v. Jenkins, No. 15-0589, 2015 WL 8367810, at *3-6 (Iowa Ct. App.
Dec. 9, 2015). He contends in this appeal the district court abused its discretion
at resentencing by not considering mitigating factors and that it “twi... More...
   $0 (12-01-2016 - IA)

William Thompson v. State of Florida

Thompson pled guilty to the March 30, 1976, brutal beating death of the victim, Sally Ivester. Thompson v. State, 389 So. 2d 197, 198 (Fla. 1980). In Thompson, this Court described the crimes, which occurred when William Lee Thompson was 24 years old:

The appellant Thompson, Rocco Surace, Barbara Savage, and the victim Sally Ivester were staying in a motel room. The girls were instruc... More...
   $0 (11-21-2016 - FL)

Leon Davis, Jr. v. State of Florida

STATEMENT OF FACTS AND PROCEDURAL HISTORY
The Events at Headley Insurance
The evidence introduced at Davis’s trial revealed the following. Around
3 p.m. on December 13, 2007, Davis entered the Lake Wales location of the
Headley Insurance Agency (Headley) with the intent to commit robbery. Davis
was armed with a loaded .357 magnum revolver and equipped with duct tape, a <... More...
   $0 (11-21-2016 - FL)

Terrance Tyrone Phillips v. State of Florida

The evidence introduced at trial revealed that on the afternoon of December
24, 2009, in Jacksonville, Barbara “Cookie” Anders, Shanise Bing, and Tanequa
“Kiwi” Dwight walked from the Lighthouse Bay Apartments where Anders lived
to a nearby convenience store. Around the same time, three men, Aurelio Salgado,
Manuel Ton, and Mateo Hernandez-Perez drove to the same store to buy ... More...
   $0 (11-21-2016 - FL)

THE PEOPLE OF THE STATE OF ILLINOIS v. DERRICK JONES

Defendant was charged by indictment with aggravated robbery, a Class 1 felony (720 ILCS 5/18-5 (West 2010) (repealed by Pub. Act 97-1108 (eff. Jan. 1, 2013))), as a result of an incident that occurred on January 6, 2012. Before defendant’s jury trial began, the court asked the parties whether the sentencing range for the aggravated battery charge would be 4 to 30 years. The State agreed, as did de... More...   $0 (11-20-2016 - )

THE PEOPLE OF THE STATE OF ILLINOIS v. JESUS COTTO

This appeal asks this court to decide if every postconviction petitioner represented by counsel is entitled to a reasonable level of assistance from counsel after first-stage proceedings, regardless of whether counsel was appointed or privately retained. The appellate court is split on the issue. Compare People v. Csaszar, 2013 IL App (1st) 100467, ¶ 25 (reasonable level of assistance standard doe... More...   $0 (11-20-2016 - Il)

THE PEOPLE OF THE STATE OF ILLINOIS v. ONAFFIA McFADDEN

This case involves an appeal from a conviction for unlawful use of a weapon by a felon (UUW by a felon). 720 ILCS 5/24-1.1(a) (West 2008). The conviction was based on defendant Onaffia McFadden’s possession of a firearm at a time when he had been convicted of aggravated unlawful use of a weapon (AUUW). The appellate court vacated the conviction for UUW by a felon based on this court’s decision in ... More...   $0 (11-20-2016 - Il)

State of Louisiana v. Carl L. Scott

The following facts were elicited during the defendant’s jury trial. On
the evening of November 6, 2012, the victim walked to the defendant’s
house in Shreveport to find a friend of hers who, along with several other
people, was watching an NBA game there. After the game, the other people
left. The victim and the defendant smoked crack cocaine; the victim also
drank a b... More...
   $0 (11-16-2016 - LA)

Fredrick Dale Blevins v. Pepper-Lawson Construction, L.P., Winco Masonry, L.P., and Alejandro Sanchez ¬¬

In October 2012, Blevins was driving on Kingsland Boulevard near Katy
Taylor High School around 7:00 p.m. The high school was being renovated, and
Winco, a subcontractor of Pepper-Lawson Construction, L.P., the general contractor
managing the project, was conducting some masonry work. While attempting to
pass a car on Kingsland Boulevard, Blevins hit a construction vehicle, a... More...
   $0 (11-16-2016 - TX)

Gregory James Shelton v. The State of Texas

Appellant was charged with the murder of Edward Rivera. The trial court
appointed Cary Faden as Appellant’s trial counsel. Faden requested and obtained a
psychiatric examination of Appellant. Dr. David Axelrad and Dr. Kit Harrison
examined Appellant.
Dr. Axelrad prepared a report. In his report, he determined that Appellant had
a history of a bipolar disorder. He al... More...
   $0 (11-15-2016 - TX)

STUART M. GOLANT vs STATE OF FLORIDA

This matter arises out of foreclosure proceedings before Judge Howard H. Harrison. The homeowners were represented by Margery E. Golant (Ms. Golant), Mr. Golant, and another attorney. During a pretrial hearing held in November 2014, Ms. Golant asserted that she had filed an answer on behalf of the homeowners. The bank’s attorney stated that he never received the answer, and that no answer had b... More...   $0 (11-07-2016 - FL)

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