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Thread: Richard Harley Greenway - Arizona Death Row

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    Richard Harley Greenway - Arizona Death Row




    Summary of Offense:

    On March 27, 1988, Greenway and Christopher Lincoln. burglarized the Tucson home of Lili Champagne. Greenway shot and killed Champagne and her 17-year-old daughter, Mindy, with a .22-caliber rifle. He and Lincoln then stole some property, including Lili Champagne's Porsche. The two later abandoned the Porsche after setting it on fire. Greenway later boasted to a jail inmate that he had killed the women because they had seen his face. Lincoln, a juvenile, was tried as an adult and convicted for the murders. He received concurrent life sentences.

    Greenway was sentenced to death on June 15, 1989.

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    Administrator Heidi's Avatar
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    GREENWAY V. SCHIRRO

    Today the Ninth Circuit Court of Appeals AFFIRMED in part, VACATED and REMANDED in part Greenway's petition for federal habeas relief. Greenway's petition was remanded to the disrict court for reconsideration on an ineffective counsel claim.

  3. #3
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    Appeals court grants new hearing in 1988 Tucson double murder

    A federal appeals court ruled Thursday that lower courts must consider convicted murderer Richard Harley Greenway’s claim that he was poorly represented in his trial for the 1988 murders of two women in their Tucson home.

    The 9th U.S. Circuit Court of Appeals rejected all of Greenway’s other arguments, but sent his case back to district court for further proceedings on the ineffective counsel question.

    Greenway has been on death row since 1989 for the execution-style murders of Lili Champagne and her daughter Mindy Peters.

    “We’re relieved that the court made its ruling,” said Therese Day, assistant federal public defender for the district of Arizona. “We’re glad that some court in this great nation will hear his claims.

    “If we’re going forward with the execution of a person, some court has to review it. This is necessary, and it’s fair,” Day said.

    Assistant Attorney General Jeffrey A. Zick could not be reached for comment Thursday.

    In March 1988, Greenway, then 19, and another man broke in to Champagne’s Tucson home and forced her and Peters, 17, to lie down while they were robbed.

    At some point, Greenway shot Champagne in the leg before shooting both women execution-style with a .22-caliber rifle. Champagne was shot between the eyes and Peters behind the ear, court records said.

    Greenway and the other man stole property, including Champagne’s Porsche, which they later left and set on fire.

    According to court documents, Greenway bragged to a coworker about the event and later told a cellmate that he “blew two people away” because they had seen his face during the crime.

    Greenway was convicted in March 1989 of first-degree murder, first-degree burglary, armed robbery, theft and arson. In June 1989, he was sentenced to death for the murder and 57 years for the other crimes.

    In his latest appeal, Greenway claimed he was poorly represented in his murder trial. He claimed his attorney then did not fully investigate and present mitigating evidence, did not call a particular psychiatrist in his defense and failed to properly prepare another psychologist to testify.

    He also said the trial judge was biased because he had worked briefly with the man who was Champagne’s ex-husband and Peters’ father.

    All of those claims had been rejected by lower courts and the appellate court concurred for the most part Thursday. It did find, however, that Greenway should be allowed to make his case on the single question of ineffective counsel at trial.

    Lower courts had previously refused to hear that argument on procedural grounds, saying that it had been offered too late or that it had already been raised and rejected and Greenway could not raise it again.

    But the appeals court said that was a misreading of the rule.

    “There was no adequate and independent state ground supporting the trial court’s refusal to hear the claims of ineffective assistance at trial and on direct appeal,” Circuit Judge Mary M. Schroeder wrote in Thursday’s opinion.

    Day said the ruling means Greenway “has a chance.”

    “If they didn’t do things to ensure that his case is fair, you have to get it right. This allows you to go to district court, do a merits briefing, and possibly get a hearing,” she said.

    According to the Arizona Department of Corrections, Greenway is one of 128 inmates on death row. The state has executed 91 people for capital crimes since 1910, including 28 since the death penalty was reinstituted in 1992 and four this year alone.

    http://cronkitenewsonline.com/2011/0...double-murder/

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    Administrator Moh's Avatar
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    On November 27, 2013, Greenway's habeas petition was DENIED in Federal District Court.

    http://docs.justia.com/cases/federal...025/252696/186

    On February 20, 2014, Greenway filed an appeal before the US Court of Appeals for the Ninth Circuit.

    http://dockets.justia.com/docket/cir...s/ca9/14-15309

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    On October 28, 2015, oral argument will be heard in Greenway's appeal before the Ninth Circuit.

    http://www.ca9.uscourts.gov/calendar...2028&year=2015

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    The panel was made up of Judges Schroeder (Carter), Rawlinson (Clinton) and Bea (G.W. Bush).

    http://www.ca9.uscourts.gov/calendar...2028&year=2015

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    9th Circuit backs district court in Arizona death row case

    PHOENIX (AP) - A federal appeals court has sided with a district court that denied an Arizona inmate's challenge to his conviction and death sentence.

    Richard Harley Greenway says he had ineffective counsel in his trial for the March 1988 murders of a Tucson woman and her 17-year-old daughter.

    The 48-year-old Greenway has been on death row since 1989.

    Greenway says his lawyers failed to prevent a possibly biased juror from being empaneled and didn't present an overall defense theory.

    In a 21-page opinion released Thursday, the San Francisco-based 9th U.S. Circuit Court of Appeals says the district court "did not err in denying Greenway's claims."

    The 9th Circuit heard Greenway's first federal appeal in 2011 and sent his case back to district court for further proceedings on the ineffective counsel question.

    http://www.kvoa.com/story/35408855/9...death-row-case
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

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    Administrator Moh's Avatar
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    On June 21, 2017, oral argument will be heard in Greenway's appeal before the Ninth Circuit. The panel will be made up of Judges Schroeder (Carter), Fisher (Third Circuit/G.W. Bush) and N.R. Smith (G.W. Bush).

    https://www.ca9.uscourts.gov/calenda...2021&year=2017

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    Administrator Aaron's Avatar
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    In yesterday's opinions, The Ninth Circuit affirmed the denial of habeas relief to petitioner, who was convicted of two murders and sentenced to death. The panel held, after supplemental briefing regarding the impact of McKinney v. Ryan, 813 F.3d 798 (9th Cir. 2015) (en banc), that neither the Arizona Supreme Court nor the trial court applied an impermissible causal-nexus test to exclude mitigating evidence. In this case, both courts considered all of petitioner's evidence offered in mitigation and found it insufficient to outweigh the serious aggravating factors. Therefore, there was no violation of clearly established federal law.

    This opinion relates to the one issued on May 11.

    http://cases.justia.com/federal/appe...?ts=1502211880
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  10. #10
    Administrator Moh's Avatar
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    On November 1, 2017, the Ninth Circuit DENIED Greenway's petition for en banc rehearing.

    https://www.supremecourt.gov/DocketP...ix%20Index.pdf

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