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Thread: Raymond A. Twyford III - Ohio Death Row

  1. #1
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    Raymond A. Twyford III - Ohio Death Row




    Facts of the Crime:

    On September 22, 1992, Twyford and his accomplice, Daniel Eikelberry, murdered 37-year-old Richard Franks. The daughter of Twyford's girlfriend had told Twyford that she was raped by Mr. Franks, who Twyford then planned to kill. Twyford and Eikelberry lured Mr. Franks to a remote location on the pretense that they were going deer hunting. Twyford shot Mr. Franks in the back, then Twyford and Eikelberry repeatedly shot Mr. Franks in the head, cut his hands off and stole his wallet. Twyford confessed to police and told police where they had dumped Mr. Franks' severed hands in Yellow Creek.

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    Administrator Moh's Avatar
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    On July 31, 2007, Twyford filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/ohi...v00741/117106/

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    Petition for writ of certiorari filed by the state of Ohio to SCOTUS.

    https://www.supremecourt.gov/Search....ic\21-511.html
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    Moderator Bobsicles's Avatar
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    Distributed for conference January 7, 2022.

    https://www.supremecourt.gov/search....ic/21-511.html
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

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    Moderator Bobsicles's Avatar
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    Petition for certiorari granted to the State of Ohio.

    https://www.supremecourt.gov/search....ic/21-511.html
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

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    Senior Member CnCP Legend Mike's Avatar
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    SCOTUS decided 5-4 in favor of Ohio and remanded this case to the Sixth Circuit. Gorsuch, Breyer, Sotomayor and Kagan dissented.

    https://www.supremecourt.gov/opinion...1-511_o75p.pdf
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

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    Senior Member CnCP Legend Mike's Avatar
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    Divided court rejects death-row prisoner’s attempt to gather neurological evidence

    By Mridula Raman
    ScotusBlog

    The Supreme Court on Tuesday dealt another blow to prisoners challenging their state-court convictions and sentences in federal court. In a 5-4 decision in Shoop v. Twyford, the justices limited the ability of federal courts to use the All Writs Act to order states to transport prisoners, even when such transport could help prisoners investigate whether their convictions are unconstitutional.

    In this case, a federal district court relied on the All Writs Act to order Ohio prison warden Tim Shoop to transport state death-row prisoner Raymond Twyford to a medical facility for neuroimaging. Twyford sought the neuroimaging to try to show that brain damage from a childhood gunshot wound had impeded his cognitive functioning and behavior. He wanted to use that information in his federal habeas corpus proceedings, i.e., his challenge to his state-court conviction and death sentence. The warden appealed the transport order, and the U.S. Court of Appeals for the 6th Circuit agreed with the district court.

    In an opinion by Chief Justice John Roberts, the Supreme Court reversed. The district court, Roberts explained, was wrong to grant Twyford’s request for a transport order because Twyford never demonstrated that the evidence he sought would be admissible in his habeas proceeding. The neuroimaging results would not, in fact, be admissible because of stringent limits in the federal habeas statute on presenting new evidence, Roberts continued.

    A writ seeking new evidence is not “necessary or appropriate” under the All Writs Act “if it enables a prisoner to fish for unusable evidence, in the hope that it might undermine his conviction in some way,” Roberts wrote.

    Justice Stephen Breyer wrote a dissent that was joined by Justices Sonia Sotomayor and Elena Kagan. He argued that the justices should not have reached the merits of the case because, in his view, the 6th Circuit did not have jurisdiction to hear the warden’s mid-litigation appeal.

    Justice Neil Gorsuch wrote a short dissent of his own in which he, too, raised concerns about jurisdiction. He said the Supreme Court should have dismissed the case without issuing a decision.

    https://www.scotusblog.com/2022/06/d...ical-evidence/
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

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