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Leroy Hall, Jr. - Tennessee Execution - December 5, 2019 - Page 4
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Thread: Leroy Hall, Jr. - Tennessee Execution - December 5, 2019

  1. #31
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    Quote Originally Posted by Aaron View Post
    There's absolutely no reason a different 12th juror wouldn't have also voted for death. Any legal error is harmless and no relief or stay is warranted in anyway.
    The argument for harmlessness is stronger for the guilt phase, where a single holdout would only force a mistrial, whereas in the sentencing phase a holdout changes the outcome. It is not known, at least by us for now, how forceful in her arguing and influential over others she was.

    Quote Originally Posted by Shep3 View Post
    This is a bull argument literally everyone has a bias against domestic abuse to say otherwise it’s to deny reality. Honestly jury trials were a mistake judges alone should be the ones deciding things at least then we can ignore these idiotic arguments.
    We fought a war have the right to trial by jury. Made treasonous league with the French to win it. Mistake or not, it practically defines us as a people, along with the other liberties for which we fought.

  2. #32
    Administrator Aaron's Avatar
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    I think the pain the victim suffered, one of the worst accounts of a victim, was more than sufficient. This trial occurred before juries were castrated like today.

    Of course the courts have an obligation to consider this appeal seriously, but those of us on here shouldn't care about such trivial things in cases where guilt is axiomatic.
    "You can't get rich in politics unless you're a crook." - Harry Truman

  3. #33
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    I'd vote for death, but I can't speak for whoever was next in the jury pool.

  4. #34
    Senior Member Frequent Poster Shep3's Avatar
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    Yeah back then they also stated slavery was a “right” sorry but rights in general are an idiotic idea there is no g-d given right to anything nor natural law of science that dictates what we can and cannot have in our legal system it’s based purely on will nothing more. And it’s about time we stop playing this game of pretend and just start making decisions not based on so called “rights” but on sound logic.

  5. #35
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    Judge dismisses 2 of 3 petitions that could stop or delay December execution of Chattanooga man

    Ahead of a Thursday morning hearing, a Hamilton County Criminal Court judge has dismissed 2 of 3 petitions that could stop or delay the execution of a Chattanooga man convicted in the 1991 burning death of his estranged girlfriend.

    Lee Hall, formerly known as Leroy Hall Jr., has been on death row for 26 years for burning Traci Crozier on April 17, 1991. The 53-year-old is set to be executed on Dec. 5, and he has requested to die by electrocution.

    On Oct. 17, Hall's defense filed petitions seeking a new trial based on claims of "constitutional violations."

    During a Nov. 4 hearing, the defense argued that one of the jurors during Hall's trial was biased. She had been a victim of "severe domestic violence, including rape," and allegedly admitted to hating Hall at the time, according to the petition.

    The juror identified only as "Juror A" didn't disclose her experiences during the jury selection process. The proper questions were not asked, the defense claimed, noting they didn't believe she willfully concealed information.

    And the information couldn't have come to light sooner because the juror was "traumatized" by her experience and "did not openly discuss" the incidents until very recently, the defense claimed. In fact, they say, she still has not disclosed the events to her family, which is why the attorneys have requested to file certain documents under seal.

    Nevertheless, her failure to disclose her experience with domestic violence denied Hall the right to a fair and impartial jury, his defense argued.

    Hall's attorneys filed 3 different petitions that essentially would accomplish the same thing stop or delay the execution if they weren't dismissed.

    In an order filed on Nov. 6, Criminal Court Judge Don Poole dismissed 2 of those petitions because the arguments didn't quite meet the standards set by state laws or precedents set by previous court rulings.

    But in the 3rd motion a 2nd petition for a new trial (Hall tried to appeal his conviction in 1998) Poole declined to make a decision until after Thursday's hearing.

    A petitioner is entitled to post-conviction relief if it can be established that any right guaranteed by the Constitution of Tennessee or the United States was abridged.

    However, state law allows only one petition for post-conviction relief, and it must be filed within 1 year of conviction or appeal.

    Hall's case is "clearly untimely," Poole wrote, as it's been more than two decades since he was convicted, and he has already tried to appeal his conviction.

    "Under a strict reading" of [the law]," Poole said, Hall's petition would be dismissed. However, the Tennessee Supreme Court has ruled that a petitioner may have the 2-year rule waived on due process grounds, which is the idea that the government cannot deprive a citizen of property or liberty without first giving them the opportunity to be heard and defend themselves.

    But "the threshold for triggering this form of relief is 'very high, lest the exceptions swallow the rule,'" the Tennessee Supreme Court ruled in Bush v. State of Tennessee.

    And the state appellate courts "have not yet examined a case in which a petitioner seeks to circumvent the statutory one-petition limit on due process grounds," Poole wrote. " ... A hearing is necessary to focus on the due process issue in greater detail."

    The hearing will take place Thursday, and Poole set a deadline for any additional pleadings to be filed by Wednesday. He asked for the parties to be prepared to present evidence as to why the matter should either be dismissed or move forward, and for the parties to "be prepared to argue this issue at the hearing."

    In a Nov. 12 pleading, Hamilton County District Attorney Neal Pinkston asked Poole to dismiss the motion for a new trial. He argues that Tennessee courts "have consistently found that [state law] allows for the filing of only a single petition" and that the petition was filed "well outside the statute of limitations."

    Pinkston instead suggested that Hall pursue a request for clemency from Gov. Bill Lee.

    Clemency, he states, is described by the U.S. Supreme Court as a "traditional remedy for claims 'based on new evidence, discovered too late in the day to file a new trial motion.'"

    (source: timesfreepress.com)
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  6. #36
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    Lee Hall execution: Hamilton County judge denies request to reexamine original trial

    Attorneys failed to prove death row inmate Lee Hall's original trial should be reexamined in Hamilton County Criminal Court, a judge has ruled.

    Leroy Hall Jr., 53, was sentenced to death for the 1991 slaying of Traci Crozier, his ex-girlfriend. Now legally known as Lee Hall, he was found guilty of first-degree murder and aggravated arson by a Hamilton County jury in 1992.

    He is set to be executed Dec. 5.

    New statements from a woman who served on the original jury, known only as Juror A, formed the basis of an appeal for a post-conviction relief hearing to determine whether she was so biased against him it violated his constitutional rights.

    Juror A was a victim of domestic violence in her first marriage in the 1960s and 1970s. In a statement to defense investigators, she said Hall's testimony brought up such strong memories of her first husband that she "hated him" and was "biased" against him.

    A hearing was held last week to allow Judge Don Poole to review testimony from Juror A, as well as from attorneys on the legal argument for allowing an unusual second post-conviction hearing. Most petitioners, as bound by Tennessee state law, are only entitled to one such hearing under the consideration of due process.

    Post-conviction relief petitions are a form of appeal that seek to have the original conviction set aside on the grounds that either it or the sentence violated the state or federal constitution, state law says, and can involve a court examining evidence that was not available at the time of the trial, ostensibly like these juror statements.

    In court that day, Juror A's testimony failed to prove to Poole that she was biased beyond a fleeting moment.

    "Juror A testified extensively about the nature of her past abuse, how she was unaffected by such abuse at trial based in large part on the happy and fulfilling marriage in which she had been involved over a decade as of trial," Poole said in an order filed Tuesday. "Any presumption of prejudice which may have resulted in the current proceedings was rebutted by the entirety of Juror A's testimony.

    Poole said that even if Hall was granted a post-conviction relief hearing in Hamilton County, he would not be entitled to that relief based on Juror A's alleged bias.

    Only the Tennessee Supreme Court can decide whether a petitioner like Hall has a right to a second post-conviction relief hearing outside of the time and count limitations established in 1995, Poole said.

    Defense attorneys Kelly Gleason and Jonathan King have argued that the nature of the law is not to revoke rights from citizens, and Hall is therefore entitled due process under the laws in place at the time of his conviction in 1992, which did not specifically bar a second petition. Therefore, they say, the issue of juror bias should be heard on its own merits.

    He was "constrained to conclude due process principles do not permit the court to review" Hall's petition on its merits.

    A request for comment was sent to Hall's attorneys Tuesday morning.

    It was not immediately clear if Hall's attorneys would file an appeal to Poole's decision. The appellate process may require the execution date to be postponed, but that has yet to be determined.

    https://www.google.com/amp/s/amp.ten...amp/4232443002
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  7. #37
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    Tennessee death row inmate asks state's highest court to intervene in execution

    A Tennessee death row inmate is asking the state's highest court to pause his upcoming execution to allow more time to consider questions surrounding the possible bias of a juror who helped hand down the original death sentence decades ago.

    Attorneys for 53-year-old Lee Hall recently made the request to the Tennessee Supreme Court. Hall's scheduled execution is Dec. 5.

    Hall's attorneys contend he was deprived of his constitutional rights because a juror acknowledged she failed to disclose during jury selection nearly 26 years ago that she had been raped and abused by her ex-husband.

    The motion comes after a Tennessee judge ruled earlier this month that Hall failed to prove the juror was prejudiced against him.

    Hall was convicted for the killing of his estranged girlfriend.

    https://www.tennessean.com/story/new...ne/4346645002/
    "You can't get rich in politics unless you're a crook." - Harry Truman

  8. #38
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    Edited

    Tennessee's highest court refuses to delay Lee Hall's execution two days before his scheduled death

    Tennessee's highest court refused to push back the execution of Lee Hall, scheduled for Thursday.

    Lee Hall, 53, was convicted in the 1991 burning death of his estranged girlfriend Traci Crozier in Chattanooga.

    He is scheduled to die by electric chair

    Attorneys asked the Tennessee Supreme Court to intervene ahead of his death in order to allow an ongoing legal appeal to finish in appellate courts.

    Hall's attorneys say extreme juror bias led to an unconstitutional trial after a woman failed to disclose a history of abuse that may have tainted her actions and decision making.

    The high court denied the request on two fronts: both that Hall's case had a likelihood of succeeding on the merits of the case and that he had any legal basis to bring the appeal in the first place.

    "Mr. Hall has failed to demonstrate that this Court should create a new, previously unrecognized procedure based on the facts of this case," an order from the Supreme Court of Tennessee said.

    https://www.tennessean.com/story/new...rt/2601567001/
    "You can't get rich in politics unless you're a crook." - Harry Truman

  9. #39
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    Lee Hall moved to death watch ahead of Thursday's scheduled execution

    Death row inmate Lee Hall has been moved into a cell next to the execution chamber, where he is scheduled to die by electrocution Thursday night unless Gov. Bill Lee intervenes.

    Prison officials announced the move Tuesday, saying Hall, 53, had been placed on death watch. Death watch is the three-day period before an execution when a death row inmate is placed under 24-hour observation and stricter rules.

    During death watch, Hall will get daily visits with the prison chaplain. On Wednesday, he will order his last meal.

    Leroy Hall Jr was sentenced to death for the 1991 slaying of Traci Crozier, his ex-girlfriend. Now legally known as Lee Hall, he was found guilty of first-degree murder and aggravated arson by a Hamilton County jury in 1992.

    Hall has had multiple execution dates that were delayed during his 27 years on death row.

    He has chosen electrocution as the method of execution. He joined the list of inmates who filed a suit against the state on the claim that the method of lethal injection in Tennessee is unconstitutional. The legal challenge is ongoing.

    Attorneys for Hall recently petitioned a Hamilton County judge to allow reconsideration of his original conviction, hoping to prove that juror bias was so strong it created an unfair trial.

    The judge denied the request less than three weeks before the scheduled execution date.

    The appellate process may require the execution date to be postponed, but that has yet to be determined. Gleason said they would "seek sufficient time for the appellate courts to consider these important questions."

    Requests to postpone the execution to allow the appeal to continue have been filed with Gov. Bill Lee and the Tennessee Supreme Court.

    https://eu.tennessean.com/story/news...ch/4232322002/
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  10. #40
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    Edited. Hall's case is before the 6th Circuit, with a virtually insurmountable standard to meet:

    they need to prove that they couldn't have gotten this evidence through previous due diligence.

    Then just below that it states that they have to show that but for the constitutional error, Juror A's failure to disclose, that no reasonable jury could have convicted him.

    https://www.wrcbtv.com/story/4139560...als-in-process
    "You can't get rich in politics unless you're a crook." - Harry Truman

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