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Thread: Shaun Kareem Burney - California Death Row

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    Shaun Kareem Burney - California Death Row


    Shaun Kareem Burney


    Summary of Offense:

    Sentenced to death in Orange County on September 16, 1994 in the June 10, 1992 murder of Joseph Andrew Kondrath.

    Prosecutors argued that Burney, then 19, accosted Kondrath on an Anaheim street before dawn, placed a .357-caliber Magnum against his victim's skull, robbed him of $1 and forced him into the trunk of a stolen car. Burney later opened the trunk lid and fired two shots into Kondrath's head while the victim begged, "Don't hurt me."

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    July 31, 2009

    SANTA ANA – When Shaun Kareem Burney received the death penalty in 1994 for a murder during a $1 robbery and a carjacking, he shouted over his shoulder to his friends and family as he was being led from the courtroom, "don't trip; it ain't over yet!"

    Burney, now 35, has been on death row ever since appealing his conviction and sentencing for the June 10, 1992, shooting death of Joseph Andrew Kondrath, a 23-year-old college student from Anaheim.

    He moved a step closer to a date with an executioner Thursday when the California Supreme Court affirmed his conviction and the death sentence handed down by Superior Court Judge Robert Fitzgerald.

    But Burney can still fight implementation of his sentence for years in the federal court system.

    Deputy District Attorney David Brent argued during Burney's trial in 1994 that the then 19-year-old Tustin man had accosted Kondrath on an Anaheim street before dawn, placed a .357-caliber Magnum against his victim's skull, robbed him of $1 and forced him into the trunk of a stolen car.

    A short time later, according to testimony, Burney lifted the trunk lid and fired two shots into Kondrath's head while the victim begged, "Don't hurt me."

    The key evidence introduced during Burney's trial was his confession.

    The jury deliberated for only three hours before recommending that Burney be sentenced to death.

    The same panel also convicted two co-defendants, Allen D. Burnett II, 20, of Anaheim and Scott Boxer Rembert, 22, also of Anaheim, of first-degree murder plus special circumstances. Both men were sentenced to life in prison without the possibility of parole.

    In an 87-page ruling made public Thursday, Chief Justice Ron George wrote that there was overwhelming evidence, based on his own confession, that Burney had kidnapped and murdered Kondrath to eliminate a witness.

    Brent, who now heads the homicide prosecution team in the Orange County District Attorney's Office, said Thursday: "Although it took 15 long years from trial to affirmance, I am really happy for the Kondrath family that there is another small measure of justice concerning the ruthless and senseless murder of their son and brother, Joey."

    http://www.ocregister.com/articles/b...-anaheim-trial

    Opinion is here:

    http://www.courtinfo.ca.gov/opinions...ts/S042323.PDF

  3. #3
    Administrator Moh's Avatar
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    On March 1, 2010, the US Supreme Court denied Burney's certiorari petition.

    http://www.supremecourt.gov/Search.a...es/09-8244.htm

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    His second state habeas appeal was filed on February 28, 2011 and has been fully briefed since October 9, 2012.

    http://appellatecases.courtinfo.ca.g...doc_no=S190968

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    Administrator Moh's Avatar
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    On August 17, 2016, the California Supreme Court DENIED Burney's habeas petition.

    http://appellatecases.courtinfo.ca.g...doc_no=S190968

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    Administrator Moh's Avatar
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    On January 26, 2010, Burney filed a habeas petition in Federal District Court.

    https://dockets.justia.com/docket/ca...cv00546/463499

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    Moderator Bobsicles's Avatar
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    On February 8, 2022, Burney’s habeas petition was denied by the federal district court.

    https://dockets.justia.com/docket/ca...cv00546/463499

    On March 7, 2022, Burney filed an appeal to the United States Court of Appeals for the Ninth Circuit.

    https://dockets.justia.com/docket/ci...s/ca9/22-99002
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