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Craig Zebroski - Delaware
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Thread: Craig Zebroski - Delaware

  1. #1
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    Craig Zebroski - Delaware




    Facts of the Crime:

    On April 26, 1996, Zebroski killed Joseph S. Hammond of New Castle, a 59-year-old gas station attendant, during a botched robbery attempt.

    Zebroski was sentenced to death on August 8, 1997.

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    March 11, 2010

    The Delaware Supreme Court has sent an appeal from a death row inmate back to a lower court.

    In an opinion issued Tuesday, the justices did not overturn Craig Zebroski's conviction or death sentence. But they did order the Superior Court to determine whether his claims of ineffective counsel satisfied exceptions to procedural rules under which they otherwise were barred.

    The lower court ruled last year that the claims made by Zebroski in 2008 had been considered in a previous appeal and did not warrant further review.

    But the Supreme Court said the lower court failed to adequately explain its reasoning.

    Zebroski was sentenced to death for killing a gas station attendant in a 1996 robbery.

    http://wjz.com/wireapnewsmd/Del.Supr...2.1552151.html

  3. #3
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    [Edited]

    In a one-page opinion, the Delaware Supreme Court this week upheld the conviction and death sentence of Craig Zebroski, who was convicted in the April 1996 slaying of Joseph S. Hammond during a botched robbery attempt at a gas station.

    That means Zebroski could be in line to be executed should his federal appeals fail.

    http://www.delmarvanow.com/apps/pbcs...=2011110519004

  4. #4
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    Zebroski has had a habeas petition pending in Federal District Court since September 3, 2003.

    http://dockets.justia.com/docket/del...03cv00853/6404

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    Does anyone have any further information on Craig Zebrowski? Is there any case updates?

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    I found this filed 2009 in the Delaware Superior Court.

    statecasefiles.justia.com/documents/delaware/supreme-court/135000.pdf‎
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    “There are some people who just do not deserve to live,”
    - Rev. Richard Hawke

    “Men have called me mad; but the question is not yet settled, whether madness is or is not the loftiest intelligence"
    - Edgar Allan Poe

  7. #7
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    Supreme Court vacates death sentences for Powell and 12 others

    DOVER — The Delaware Supreme Court ruled Thursday the death sentence for convicted murderer Derrick Powell must be vacated.

    Although the court specifically addressed Powell, it also said its August ruling of the unconstitutionality of the state’s capital punishment statute was a “watershed” one that must be applied retroactively.

    It appears, thus, that the other 12 men on death row will instead have their penalty changed to life in prison, although they may have to formally appeal their death convictions.

    Powell, sentenced to death in 2011 for the 2009 killing of Georgetown police officer Chad Spicer, was appealing his punishment after the court’s August ruling. Justices heard arguments last week and released their decision Thursday, unanimously concluding Powell could not be executed after being sentenced under a statute since thrown out.

    While the news was welcome for some, others disagreed.

    “I think justice for the family and justice for the victims of these crimes is definitely not being served by having these sentences that were duly handed down overturned, but that’s the system that we live in right now,” Sen. Brian Pettyjohn, a Georgetown Republican who attended the hearing last week in support of the Spicer family, said Thursday.

    The August decision is a “watershed rule of criminal procedure,” meaning it meets the standard to apply retroactively, the justices wrote in their findings Thursday.

    Before the summer ruling, “the burden of proof was governed by the lesser standard of a preponderance of the evidence set forth in Delaware’s death penalty statute,” they wrote.

    In prior cases where the Delaware Supreme Court threw out the death penalty, justices ruled it applied retroactively, meaning the individuals on death row at the time had their sentences changed to life in prison.

    August’s ruling came about after a similar federal Supreme Court decision. Delaware justices found the state’s death penalty violated the Sixth Amendment, which guarantees right to a trial by jury. The law did not require the jury to rule unanimously on whether aggravating circumstances outweighed mitigating factors and gave the judge final discretion to sentence death.

    Chief Public Defender Brendan O’Neill, whose office represented Powell when he was charged with murder, applauded the decision.

    “I think the Delaware Supreme Court made the right decision. He was sentenced to death under a death penalty scheme that was unconstitutional, so I think it appropriate that the court not allow the state to execute him,” he said.

    “No doubt Mr. Powell committed a horrible crime for which he’s going to spend the rest of his life in jail but I think we need to keep in mind that five of the jurors who heard that case voted for a life sentence.”

    The Department of Justice declined to comment.

    Several justices appeared skeptical of the arguments set forth by the state last week, a fact noted by Sen. Pettyjohn, who said he “almost expected the ruling” handed down Thursday.

    While Delaware currently has no death penalty, 15 Republican lawmakers announced in August they intend to bring legislation to reinstate it. The House of Representatives voted down a repeal attempt last year, but the Senate may have the votes to block a bill bringing back capital punishment.

    Gov.-elect John Carney, a Democrat, said in October he would “probably” veto legislation reinstating capital punishment.

    http://delawarestatenews.net/news/su...and-12-others/

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