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Thread: Robert Allen Poyson - Arizona Death Row

  1. #11
    Moderator Dave from Florida's Avatar
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    The minority felt that the Arizona Supreme Court didn't allow all mitigating evidence to be considered. I am sure if this is a "constitutional" error, SCOTUS will accept the case and decide it. Apparently this provides much debate at the 9th Circuit, which isn't surprising.

  2. #12
    Administrator Moh's Avatar
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    FOR PUBLICATION

    UNITED STATES COURT OF APPEALS

    FOR THE NINTH CIRCUIT

    ROBERT ALLEN POYSON,

    Petitioner-Appellant,

    v.

    CHARLES L. RYAN,

    Respondent-Appellee.


    No. 10-99005

    D.C. No. 2:04-cv-00534-NVW

    ORDER

    Filed April 2, 2014

    Before: Sidney R. Thomas, Raymond C. Fisher, and Sandra S. Ikuta, Circuit Judges.

    ORDER

    The order filed November 7, 2013 is AMENDED. The order, as amended, reads as follows:

    Judge Thomas has voted to grant the petition for rehearing en banc. Judge Ikuta has voted to deny the petition for rehearing en banc and Judge Fisher has so recommended.

    The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed. R. App. P. 35(f).

    Appellant’s petition for rehearing en banc, filed April 12, 2013, is DENIED.

    Appellant’s petition for panel rehearing, filed April 12, 2013, remains pending. The panel will stay proceedings on the petition for panel rehearing pending resolution of en banc proceedings in McKinney v. Ryan, 730 F.3d 903 (9th Cir. 2013), rehearing en banc granted, 2014 WL 1013859 (Mar. 12, 2014).

    This opinion filed at 711 F.3d 1087 (9th Cir. 2013) is amended, and an Amended Opinion was filed concurrently with the original version of this Order.

    No further petitions will be entertained.

    The clerk shall stay the mandate.

    http://law.justia.com/cases/federal/...014-04-02.html

  3. #13
    Administrator Moh's Avatar
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    In today's United States Supreme Court orders, Poyson's petition for writ of certiorari and motion for leave to proceed in forma pauperis was DENIED.

    http://www.supremecourt.gov/Search.a...es/13-9097.htm

  4. #14
    Moderator MRBAM's Avatar
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    Execution date to be expected?

  5. #15
    Administrator Moh's Avatar
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    On September 18, 2017, oral argument will be heard in Poyson's appeal before the Ninth Circuit. The panel will be made up of Judges Thomas (Clinton), Fisher (Clinton) and Ikuta (G.W. Bush).

    https://www.ca9.uscourts.gov/calenda...8-20&year=2017

  6. #16
    Administrator Moh's Avatar
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    In today's opinions, the Ninth Circuit REVERSED AND REMANDED Poyson's case. The panel was unanimous on the result although Judge Ikuta filed a separate, reluctant concurrence.

    http://cdn.ca9.uscourts.gov/datastor...2/10-99005.pdf

  7. #17
    Administrator Moh's Avatar
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    In today's orders, the United States Supreme Court DENIED the State of Arizona's petition for certiorari.

    Lower Ct: United States Court of Appeals for the Ninth Circuit
    Case Numbers: (10-99005)
    Decision Date: January 12, 2018

    https://www.supremecourt.gov/search....c/17-1274.html

  8. #18
    Moderator Bobsicles's Avatar
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    The Arizona Supreme Court has affirmed Poyson’s conviction and death sentence.

    https://law.justia.com/cases/arizona...8-0510-ap.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

  9. #19
    Senior Member Frequent Poster Ted's Avatar
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    Damn, this guy sounds a bit poysonous.
    Violence and death seem to be the only answers that some people understand.

  10. #20
    Moderator Bobsicles's Avatar
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    Distributed for conference September 27, 2021.

    https://www.supremecourt.gov/search....c/20-7988.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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