Mitigation Law
 
State of Tennessee v. Michael Glenn Holt Case No - E2015-01892-CCA-R3-CD

On January 20, 2015, the Defendant entered a Truckstops of America Travel Center in Knoxville, Tennessee and took $685 in fuel additives, which the Defendant concealed in his clothing before he left the store without paying. The Defendant repeated the incident on the same day, and both events were captured on video. The store manager identified the Defendant and stated that the Defendant had bee... More...   $0 (11-06-2016 - TN)

Christian Gallegos-Perez v. The State of Texas

Appellant Christian Gallegos-Perez appeals an order adjudicating his guilt for sexual assault. In four issues, appellant generally contends (1) the trial court violated his common law right to allocution, (2) the trial court erred in failing to sua sponte declare a mistrial when polygraph evidence was admitted, and (3) he received ineffective assistance of counsel. For the following reasons,... More...   $0 (11-02-2016 - TX)

STATE OF KANSAS v. TYRONE MURPHY

On April 9, 2014, the vehicle Murphy was driving was stopped by a police officer. Murphy fled in his vehicle when the officer asked him to step out of the vehicle because he smelled marijuana coming from the car. Murphy ran a red light a short distance from the location of the stop and struck a minivan that was driven by Jacqueline Ramirez and occupied by her three children. Ramirez' daughter, Jas... More...   $0 (11-01-2016 - KS)

STATE OF KANSAS v. GARY W. KLEYPAS

In Kleypas I, 272 Kan. at 909-14, this court extensively discussed the criminal acts that led to Kleypas' convictions for the capital murder of C.W., the aggravated burglary of her apartment, and the attempt to rape her. Highly summarized, in March 1996, C.W.'s body was discovered in her apartment where she had died after suffering seven stab wounds to her heart, a lacerated liver, a dilated anus,... More...   $0 (10-23-2016 - KS)

STATE OF CONNECTICUT v. ESTRELLA J.C.*

.Thedefendant,EstrellaJ.C.,appealsfrom the judgment of conviction, rendered following a jury trial,oftwocountsofriskofinjurytoachildinviolation of General Statutes § 53-21 (a) (2) and one count of risk of injury to a child in violation of General Statutes § 53-21 (a) (1). On appeal, the defendant claims that the trial court committed reversible error by (1) admitting into evidence a video recordin... More...   $0 (10-22-2016 - CT)

Frank A. Walls v. State of Florida

We have described the facts of this case as follows:

Frank A. Walls was convicted of felony murder in the death of Edward Alger and premeditated and felony murder in the death of Ann Peterson in Okaloosa County in July 1987. Alger’s and Peterson’s bodies were discovered in Alger’s home when he failed to report for duty at Eglin Air Force Base. Peterson was shot twice in the head; Alger... More...
   $0 (10-21-2016 - FL)

STATE OF FLORIDA vs. JACOB JOHN DOUGAN, JR.

After a lengthy evidentiary hearing, the postconviction court, in a detailed,
239-page order, concluded that the murder conviction and sentence of death should
be vacated and a new trial granted on multiple grounds. A key finding was that the
State not only failed to disclose the full extent of its plea deal with William Hearn,
the State’s only eyewitness to the murder, but al... More...
   $0 (10-21-2016 - FL)

Kelvin Townsel v. State of Tennessee

The Petitioner was indicted for first degree murder after police uncovered evidence linking him to the scene of the homicide of the victim, Timothy Nolen. The Petitioner pled guilty to second degree murder and, pursuant to the plea agreement, received a sentence of thirty years in confinement to be served at one hundred percent.

-2-

Guilty Plea Submission Hearing

... More...
   $0 (10-21-2016 - TN)

State of Tennessee v. Terry Vonner

This case relates to a January 26, 2012 attack in which the victim, Althea Pope, was hit in the head with a machete and shot four times. The machete attack occurred at the victim‟s house, and the shooting occurred outside a neighbor‟s house. The neighbor‟s house was occupied by a woman and her two-year-old daughter, and the house was struck by several bullets.

At t... More...
   $0 (10-21-2016 - TN)

Larry Darnell Perry v. State of Florida

In State v. Perry, the Fifth District Court of Appeal addressed two cases
involving defendants awaiting trial for charges of first-degree murder, in which the
State filed notices of intent to seek the death penalty prior to the United States
Supreme Court issuing its decision in Hurst v. Florida on January 12, 2016. Perry,

5. Th... More...
   $0 (10-17-2016 - FL)

TIMOTHY LEE HURST v. STATE OF FLORIDA

The background and facts of this case were reiterated in our decision in
Hurst v. State in pertinent part as follows:
Hurst was convicted for the May 2, 1998, first-degree murder of Cynthia Harrison in a robbery at the Popeye’s restaurant where Hurst was employed in Escambia County, Florida. The victim, also an employee, had been bound and gagged and repeatedly cut and stabbed with a we... More...
   $0 (10-17-2016 - FL)

State of Tennessee v. Austin Dean

At the guilty plea hearing, the State‟s recitation of the facts showed that

[t]he testimony would be that on March 17th, 2014, that Mr. Jose Vincente was at the Super Wash House on Central. While washing his clothes, the proof would be that Mr. Austin Dean, along with somebody else, pulled up in a vehicle, entered the Super Wash House armed with a weapon, made a demand for . . . ... More...
   $0 (10-16-2016 - TN)

David Lynn Jordan v. State of Tennessee

The petitioner‟s convictions arose from a shooting on January 11, 2005, at the Tennessee Department of Transportation (TDOT) facility in Jackson, Tennessee, where the petitioner killed three people: Renee Jordan, his thirty-one-year-old wife who was employed at TDOT; Jerry Hopper, an employee of the Tennessee Division of Forestry who was at the TDOT office; and David Gordon, a motorist the ... More...   $0 (10-16-2016 - TN)

ROGER DALE EPPERSON V. COMMONWEALTH OF KENTUCKY

Because this Court has already discussed and decided several issues
that are nearly identical to those raised herein, we will rely, in part, on our
previous rulings in Epperson and Hodge. We summarized the mutual facts in
Epperson as follows:
On August 8, 1985, Donald Bartley and Hodge entered the home of the victim and her father posing as F.B.I. agents. Once inside, Hodge pro... More...
   $0 (10-15-2016 - KY)

Dakota Fraley v. State of Indiana

Fraley was born on November 16, 1993, and lived most of his life in Ripley
County with his mother. He began smoking marijuana at age twelve, drinking
alcohol at age thirteen, and experimenting with all other illegal narcotics except
for “LSD” and “mushrooms.” Appellant’s App. at 44. Fraley began to smoke
marijuana daily when he was thirteen, and he began to sell marijuana an... More...
   $0 (10-15-2016 - IN)

Mark Madejek v. State of Indiana

On October 17, 2015, Madejek operated a green Jeep Cherokee and struck a
pedestrian, Stephen Stetz. Upon striking Stetz, Madejek exited the vehicle and
saw that “he hit a man.” Appellant’s App. Vol. II at 11. Madejek, who knew
his license had been suspended, then “panicked and drove off.” Id. A
passenger in Madejek’s vehicle, Drew Rosander, later called police and
exp... More...
   $0 (10-14-2016 - IN)

ENTERGY NUCLEAR PALISADES, LLC v. THE UNITED STATES

Prior to trial, the parties entered into stipulations of fact in which the government
agreed that, while it did contest that Entergy was entitled to recover certain costs, it did
not contest that Entergy actually incurred the amounts claimed, other than the amount
claimed for security at the second ISFSI. The government also stipulated that, with
respect to any payroll loaders... More...
   $13828676 (10-09-2016 - DC)

STATE OF CONNECTICUT v. ESTRELLA J.C.*

Thedefendant,EstrellaJ.C.,appealsfrom the judgment of conviction, rendered following a jury trial,oftwocountsofriskofinjurytoachildinviolation of General Statutes § 53-21 (a) (2) and one count of risk of injury to a child in violation of General Statutes § 53-21 (a) (1). On appeal, the defendant claims that the trial court committed reversible error by (1) admitting into evidence a video recording... More...   $0 (10-08-2016 - CT)

State of Illinois v. Keith L. Terrell

Sycamore, IL - Defendant Found Guilty In Shaken Baby Case

The State of Illinois charged Keith L. Terrell, 26, with first-degree murder and two counts of aggravated battery of a child for killing his 7-week-old daughter Kelis by shaking her violently in August 2013. Defendant's confession to the crime was videotaped.

(720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
Sec. 9-1. Firs... More...
   $0 (10-08-2016 - IL)

State of Tennessee v. Cuben Lagrone

This case arises from a shooting that occurred on August 10, 2012, at the home of Oracle West and LaJuan Harbison. A Knox County grand jury indicted the Defendant for the attempted first degree premeditated murder of Ms. West, the attempted first degree premeditated murder of Mr. Harbison, employing a firearm during the commission of a dangerous felony as to both counts of attempted first degree ... More...   $0 (10-06-2016 - TN)

State of Florida v. Emmanuel Butler

Daytona Beach, FL - Jury Convicts Gangbanger Of First-Degree Murder

The State of Florida Charged Emmanuel Butler, age 20, with first-degree murder and other felonies for shooting and killing Donald Clark, age 67, in an apartment building laundry room in 2013. The state produced a recording of the Defendant admitting to the killing.


Volusia County Clerk of Circuit Court - Ca... More...
   $0 (10-02-2016 - FL)

ROGER DALE EPPERSON V. COMMONWEALTH OF KENTUCKY

Because this Court has already discussed and decided several issues
that are nearly identical to those raised herein, we will rely, in part, on our
previous rulings in Epperson and Hodge. We summarized the mutual facts in
Epperson as follows:
On August 8, 1985, Donald Bartley and Hodge entered the home of the victim and her father posing as F.B.I. agents. Once inside, Hodge pro... More...
   $0 (09-27-2016 - KY)

STATE OF NEW JERSEY v. JABRIL A. MITCHELL

We discern the following history from the record. On April
26, 2008, defendant was approached by two Atlantic City police
officers. Defendant took out a gun, pointed it at one of the
officers, and pulled the trigger. The weapon misfired. He then
fled the scene. During the course of his flight from police,
defendant brandished his gun at another officer who was sitting... More...
   $0 (09-21-2016 - NJ)

STATE OF NORTH CAROLINA v. RICKEY HARDING WAGNER

The State presented evidence at trial tending to establish the following facts:
“Mary” is the daughter of Defendant and J.C.1 Defendant did not live with Mary or
J.C. but had regular visits with Mary on Thursdays and every other weekend.
In 2012, when Mary was 13 years old, Defendant began taking her on drives
in his truck during their visits. Defendant would drive to variou... More...
   $0 (09-19-2016 - NC)

William Wilbert Ward-Bey v. State of Indiana

On December 15, 2013, Ward-Bey and Marcus Ervin (“Ervin”) entered the
Portillo’s restaurant in Merrillville, Indiana, pretending to be deliverymen.
While acting in concert, Ward-Bey and Ervin demanded the safe combination
from the store manager, then took approximately $3,500.00 in cash as well as
the store’s panic button. A short distance away, Ward-Bey was apprehended
... More...
   $0 (09-18-2016 - IN)

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