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Thread: Eldon Michael Schurz - Arizona Death Row

  1. #1
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    Eldon Michael Schurz - Arizona Death Row




    Facts of the Crime:

    On December 2, 1989, codefendants Eldon Michael Schurz and Patrick Delmar Allison attempted to rob Jonathan Art Bahe of money and liquor at the City Center Motel, located at 600 West Van Buren. Mr. Bahe resisted, so Schurz struck the victim several times about the face and head with his fist.

    Following the fight, Schurz found a quantity of gasoline and doused the victim with it. Schurz then made a trail of gasoline away from the victim and lit it with a cigarette lighter. This caused the victim to be set ablaze and subsequently die.

    Schurz and Allison fled the area and were arrested a few hours later. Allison testified against Schurz pursuant to a plea agreement. In addition to the death sentence, the trial court sentenced Schurz to 12 years for an attempted aggravated robbery enhanced by two prior felony convictions.

    Shurz was sentenced to death on September 21, 1990.

  2. #2
    Administrator Moh's Avatar
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    In 1993, the Arizona Supreme Court upheld Schurz's death sentence on direct appeal.

    http://www.azcorrections.gov/inmate_...Z,%20ELDON%20M

  3. #3
    Administrator Heidi's Avatar
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    SCHURZ V. SCHRIRO

    In today's Ninth Circuit Court of Appeals opinions, the court AFFIRMED the district court's DENIAL of Schurz's habeas petition challenging his murder conviction and death sentence alleging ineffective assistance for failure to present mitigating evidence.

    Scroll to page 3 of the opinion and read what the judge had to say.
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  4. #4
    Moderator Dave from Florida's Avatar
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    I love to read Judge Kozinski's opinions. Also, Judges Pryor and Carnes at the 11th Circuit.
    Last edited by Dave from Florida; 09-12-2013 at 03:19 PM.

  5. #5
    Senior Member CnCP Legend JimKay's Avatar
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    Quote Originally Posted by Heidi View Post
    Scroll to page 3 of the opinion and read what the judge had to say.
    "You can’t always get what you want."

    But if you try sometimes you just might find you get what you need.

    And we know what Schurz needs.

    Any judge that tosses in a line from a Rolling Stones song to affirm a death sentence is OK in my book.

  6. #6
    Administrator Heidi's Avatar
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    And the article

    Court denies appeal for Arizona death row inmate

    An Arizona death row inmate has lost an appeal that argued that he didn't have effective legal representation during his sentencing in a Maricopa County murder case in which a man was set on fire.

    The 9th U.S. Circuit of Appeals ruled that the lawyer representing Eldon Schurz did present the trial court with evidence that might support sentencing leniency, so Schurz cannot show his rights were violated.

    Schurz was sentenced to death for setting another man on fire with gasoline after the other man objected to Schurz stealing beer from a group of people.

    The sentencing judge ruled that the 1989 killing of Jonathan Bahe "was especially heinous and depraved."

    http://www.sfgate.com/news/crime/art...te-4811016.php
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  7. #7
    Administrator Moh's Avatar
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    On February 11, 2014, the US Court of Appeals for the Ninth Circuit DENIED Schurz's petition for rehearing en banc.

    http://www.supremecourt.gov/search.a...s/13-10596.htm

  8. #8
    Administrator Heidi's Avatar
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    In today's orders, the United States Supreme Court declined to review Shurz's petition for certiorari.

    Appeals exhausted. Ruling could result in an execution date.

    Lower Ct: United States Court of Appeals for the Ninth Circuit
    Case Nos.: (07-99025)
    Decision Date: September 12, 2013
    Rehearing Denied: February 11, 2014
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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