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Thread: Anthony Cardell Haynes - Texas Death Row

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    Anthony Cardell Haynes - Texas Death Row




    Anthony Haynes (1999)


    Anthony Haynes (2012)


    Summary of Offense:

    On May 22, 1998, in Houston, Haynes and a co-defendant, Michael Turner, shot and killed Houston police officer Sgt. Kent Kincaid.

    At around 10:30 p.m. off-duty Houston Police Department Officer Kent Kincaid and his wife left their home in a private vehicle on their way to meet some friends at a sports bar. As they drove past a truck driven by Haynes, something hit an cracked the Kincaid[s’] windshield. Officer Kincaid thought someone threw a rock at his car; Haynes had actually fired a shot at them.

    Officer Kincaid turned his car around and followed Haynes’ vehicle until the two pulled along side each other.

    Officer Kincaid exited his vehicle, approached Haynes whore mained sitting in his truck, and said “You hit my window.”

    Haynes replied, “I accidentally threw something at your window.”

    Officer Kincaid said, “I am a police officer. Let's talk about it.” After asking for Haynes’ license, [O]fficer Kincaid reached towards his back pocket, presumably to retrieve his police identification. Haynes lifted up a pistol, shot [O]fficer Kincaid in the head, and fled the scene. Officer Kincaid died a few hours later.

    The police soon arrested Haynes. Haynes confessed to [O]fficer Kincaid's murder. The State of Texas charged Haynes with the capital murder of a peace officer who was “acting in the lawful discharge of an official duty[.]”
    Tex. Penal Code § 19.03(a) (1). A jury convicted Haynes of capital murder. After a separate punishment hearing, the jury answered Texas’s special issues in a manner requiring the imposition of a death sentence. Haynes unsuccessfully sought state appellate and habeas relief from his conviction and sentence.

    Haynes was sentenced to death in Harris County in November 1999.

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    On February 23, 2008, Haynes was granted a Certificate of Appealability on two claims by the Texas Court of Criminal Appeals.


    Information on the claims:

    Convicted capital murderer Anthony Cardell Haynes will be allowed to take his claim of racial bias in the jury selection process of his trial to federal appeals courts, a three-judge federal panel ruled Wednesday.

    Haynes was convicted of the 1998 killing of Houston police Sgt. Kent Kincaid and sentenced to die. His appeals have been unsuccessful so far, but the panel acknowledged that a reasonable argument could be made that at least two of the four black jurors struck by prosecutors were removed because of race. Only one black person was seated on the jury. Haynes is black.

    Federal courts have become increasingly sensitive to Texas defendants asserting race as a factor in jury selection. In Dallas County, where dubious prosecutions have led to a series of stunning DNA exonerations, prosecutors once had a de facto policy of trying to keep blacks off of juries. In a well known 2005 case, the U.S. Supreme Court reversed the conviction of Thomas Miller-El because Dallas prosecutors used peremptory strikes to bounce 10 of 11 potential black jurors.

    In Haynes' case, the three-judge panel with the 5th U.S. Circuit Court of Appeals did not rule on the merits of his argument concerning the jurors. But it did conclude there was enough evidence to grant what is known as a certificate of appealability, which will allow his attorney to press the matter. A U.S. district court had previously turned down his request.

    State lawyers had argued that all the black jurors were legally struck because prosecutors believed their "demeanor" suggested someone who would not be sympathetic to their case, but the judges said that was far from irrefutable.

    "We conclude that the district court arguably erred in finding that the state courts properly relied on the prosecution's 'demeanor' explanations for its peremptory challenges," the judges unanimously wrote. "Judge (Jim) Wallace, the state judge who upheld the peremptory challenges . . . could not have possibly credited the prosecutor's assertion that they were struck because of their demeanor; Judge Wallace did not preside during the individual examination of the jurors."

    The circumstances surrounding Kincaid's death were unusual. He was driving with his wife in his personal car when Haynes drove past him and appeared to toss something that hit and cracked his windshield. Kincaid, who was not in uniform, followed Haynes until he stopped. When Kincaid approached the car, he identified himself and reached behind him, supposedly for his badge. Haynes, the son of a Houston Fire Department arson investigator, then shot him with a pistol.

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    The US Fifth Circuit Court of Appeals overturned Haynes' conviction on a Batson claim in an opinion issued on March 10, 2009.

    Opinion is here:

    http://www.ca5.uscourts.gov/opinions...04-CV1.wpd.pdf

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    March 11, 2010

    HOUSTON — A federal appeals court is ordering a Texas death row inmate convicted of killing an off-duty Houston police officer be released or retried because a prospective juror improperly was excluded from his trial because of race.

    Anthony Cardell Haynes, 30, was condemned for the 1998 fatal shooting of police Sgt. Kent Kincaid.

    In his appeal to the 5th U.S. Circuit Court of Appeals, Haynes, who is black, contended state District Court Judge Jim Wallace improperly allowed Harris County prosecutors to exclude two black people from consideration as jurors. The ruling violated Haynes' right to a jury process free from racial discrimination, his attorneys argued.

    The U.S. Supreme Court in 1986 found it unconstitutional to dismiss a juror because of race.

    Prosecutors contended the jurors were stricken because of their demeanor, but the appeals court said Wallace, who upheld the juror removals, wasn't even present during the individual questioning of jurors.

    In a ruling posted late Tuesday, the New Orleans-based court ordered a federal district judge to return Haynes' case to the trial court for a new trial or release him within six months.

    The jury that convicted and then condemned Haynes included one black person. Of six potential black jurors interviewed during the selection process, four were stricken by prosecutors. One was eliminated by Haynes' lawyers.

    A second judge was presiding during the individual questioning. Wallace was on the bench while the jury pool was questioned as a group. There was no explanation for Wallace's absence during the individual questioning.

    Haynes was arrested two days after Kincaid's death.

    The 40-year-old officer was off duty, riding with his wife, when the windshield of their car was hit by what authorities later determined was a .25-caliber bullet fired from a passing truck. Kincaid followed the truck and pulled up alongside in northwest Harris County.

    When he got out and said he was an officer and reached behind to get out his identification, he was shot in the head. Kincaid, a 13-year officer, was not armed at the time of the shooting.

    http://www.chron.com/disp/story.mpl/ap/tx/6305384.html

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    February 22, 2010

    WASHINGTON — The Supreme Court on Monday reversed a lower court decision that gave a new trial to a man convicted of killing a police officer in Texas.

    The high court ordered the 5th U.S. Circuit Court of Appeals to reconsider its decision that Anthony Cardell Haynes should get a new trial or be released from death row. The New Orleans-based federal appeals court had ordered Haynes retried or released because a prospective juror was improperly excluded from his trial because of race.

    Haynes was convicted for the 1998 fatal shooting of police Sgt. Kent Kincaid. The high court said the 5th Circuit misinterpreted Supreme Court rulings in its decision to order a new trial.

    Haynes, who is black, contended state District Court Judge Jim Wallace improperly allowed Harris County prosecutors to exclude two black people from consideration as jurors.

    The U.S. Supreme Court in 1986 found it unconstitutional to dismiss a juror because of race.

    Prosecutors contended the jurors were stricken because of their demeanor, but the appeals court said Wallace, who upheld the juror removals, wasn't even present during the individual questioning of jurors.

    A second judge was presiding during the individual questioning. Wallace was on the bench while the jury pool was questioned as a group. There was no explanation for Wallace's absence during the individual questioning.

    But the high court said none of its rulings say “a demeanor-based explanation for a peremptory challenge must be rejected unless the judge personally observed and recalls the relevant aspect of the prospective juror's demeanor.”

    Kincaid was killed after he followed a passing truck that had fired a bullet into the windshield of his car. When the 40-year-old officer pulled up alongside the truck and identified himself as an officer, he was shot in the head. Kincaid, a 13-year officer, was not armed at the time of the shooting.

    Haynes was arrested two days later.

    The case is Quarterman v. Haynes, 09-273.

    http://www.chron.com/disp/story.mpl/...n/6879124.html

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    ANTHONY CARDELL HAYNES v. RICK THALER

    On remand from the United States Supreme Court, the Fifth Circuit Court of Appeals has again AFFRIMED the district court’s DENIAL of habeas relief.

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    Federal court rejects Houston cop killer's appeal

    A federal appeals court has rejected an appeal from the convicted killer of a Houston police officer who argued jurors at his capital murder trial in 1999 improperly were rejected by prosecutors because they were black.

    The 5th U.S. Circuit Court of Appeals decision upholds a ruling from the Texas Court of Criminal Appeals in the murder case of 32-year-old Anthony Haynes. Haynes, who is black, was condemned for the 1998 shooting death of Houston Police Sgt. Kent Kincaid, who was white.

    The U.S. Supreme Court, acting on an appeal from the Texas attorney general's office, had ordered the lower federal court to reconsider its decision that Haynes get a new trial or be released from death row.

    The 5th Circuit ruled Friday. Haynes doesn't have an execution date.

    http://www.chron.com/news/article/Fe...al-2135721.php

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    In today's United States Supreme Court orders, Haynes' petition for a writ of certiorari and motion for leave to proceed in forma pauperis was DENIED.

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    Now if only the Houston DA would actually request an execution date.

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    An execution date of October 18th has been set for Anthony Haynes. GGR, you can suck on this.


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