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Thread: Brandon Eugene Lacy - Arkansas Death Row

  1. #11
    Administrator Moh's Avatar
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    In today's orders, the United States Supreme Court declined to review Lacy's petition for certiorari.

    Lower Ct: Supreme Court of Arkansas
    Case Nos.: (CR-15-171)
    Decision Date: February 4, 2016

    https://www.supremecourt.gov/search....es/15-9603.htm

  2. #12
    Senior Member CnCP Legend Mike's Avatar
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    Benton County judge denies convicted killer's request

    BENTONVILLE -- A murderer who was sentenced to death won't receive another sentencing hearing.

    Brandon Lacy, 38, of Rogers was sentenced in 2009 after he was found guilty of capital murder and aggravated robbery in the killing of Randall Walker, 47, of Garfield in 2007.

    Benton County Circuit Judge Robin Green on Wednesday reversed a decision she made in 2014 when she granted Lacy a new sentencing hearing.

    Lacy sought to overturn his death conviction and claimed his case was prejudiced based on his defense team's poor performance.

    Green presided over a hearing in 2014 concerning Lacy's claims about his legal representation at trial.

    Steve Harper, lead counsel in Lacy's case, was critical of his performance at trial when he testified in September 2014. Harper rated his performance as a 1 on a scale of 1 to 10. Harper also said he's opposed to the death penalty and wanted Lacy to get a new trial.

    Green's order mentioned Harper's relationship with Lacy. Harper told the jury during sentencing Lacy "had become like not a son to me, more like a grandson."

    Green found in 2014 that Lacy was entitled to another sentencing hearing and not a new trial. Lacy never had the new sentencing hearing because Green's ruling was appealed to the Arkansas Supreme Court.

    The Arkansas Attorney General's Office handled the appeal for the state, and Green's 2014 ruling was reversed in November by the state Supreme Court and remanded to her.

    The state Supreme Court wanted Green to apply an objective standard to Lacy's claim his defense was ineffective and it deprived him of a fair trial.

    Green found Lacy failed to show his trial defense was unprepared or its performance was deficient or a deficient performance resulted in Lacy being deprived of a fair trial.

    She also found Lacy's trial attorney wasn't deficient and Lacy suffered no prejudice.

    "I am pleased that the court agreed with our argument and denied the defendant's petition," said Nathan Smith, Benton County's prosecutor. "I am hopeful that this ruling will eventually lead to some closure for Mr. Walker's family and ensure that justice is done for this senseless murder."

    http://www.nwaonline.com/news/2017/j...-convicted-ki/
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  3. #13
    Administrator Heidi's Avatar
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    Another Arkansas death row inmate asks state's high court to void sentence

    Another condemned prisoner wants the Arkansas Supreme Court to void his death sentence.

    Defense lawyers say Brandon Lacy of Rogers suffers from alcohol-fueled amnesia and received poor legal help while on trial. Lawyers for the state have said Lacy was aware of his actions when Randy Walker was bludgeoned, stabbed and set on fire in 2007. The two sides went before justices Thursday.

    Lacy's new lawyers say the inmate shouldn't pay for his trial attorneys' mistakes with his life. The Arkansas attorney general's office says the court has considered and rejected the argument before.

    Separately Thursday, justices refused to withdraw orders that moved Don Davis and Bruce Ward closer to execution. They want the U.S. Supreme Court to review their cases.

    Arkansas executed four men in eight days last year.

    http://www.arkansasonline.com/news/2...s-states-high/
    An uninformed opponent is a dangerous opponent.

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  4. #14
    Administrator Aaron's Avatar
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    Arkansas' high court rejects death row appeal

    Death row inmate Brandon Lacy on Thursday lost his appeal to the Arkansas Supreme Court, which considered his case for the fourth time.

    The high court ruled 6-1 to not set aside precedent and consider the cumulative effect of all the alleged errors in Lacy's trial. Instead, the justices found that no single error did enough harm to require overturning his death sentence.

    Lacy, a 37-year-old from Rogers, was convicted of robbing and killing 47-year-old Randall Walker in 2007. Police found Walker's body burned and determined that the victim had been beaten and stabbed with a fire poker.

    Lacy and another man convicted in the killing, Broderick Laswell, made off with $20 and a handgun from Walker's home, according to court records.

    Laswell is serving a sentence of life without parole at the East Arkansas Regional Unit in Brickeys. Lacy is incarcerated on death row at the Varner Supermax prison near Grady.

    In prior appeals to the court, Lacy had argued that he should be permitted to present evidence of his brain damage and mental defect, and that he should get a new sentencing hearing after his original attorney claimed that closing arguments were "one of the worst" that attorney had ever delivered.

    Lacy's latest attorney, Michael Kaiser, said Thursday he was preparing an appeal to the U.S. Supreme Court. Meanwhile, officials in Attorney General Leslie Rutledge's office said they would not seek to immediately begin the process of scheduling an execution.

    "This moves us one step closer to justice for Randy Walker and his family," a spokesman for Rutledge said in an email. "We are confident that the federal courts will likewise reject any challenge Lacy may try to bring in that forum."

    Kaiser said he plans on appealing to the U.S. justices before the Arkansas court issues its mandate. This action would delay any setting of an execution date.

    If the U.S. Supreme Court declines Lacy's petition, Kaiser said federal appeals will begin, but the state could begin scheduling an execution.

    "At that point, the book is kind of closed on the state round of appeals," Kaiser said.

    Kaiser said the case was ripe for appeal to the U.S. Supreme Court because of a split in how courts around the country consider "cumulative" errors in the trial and sentencing phases. Arkansas does not recognize cumulative-error arguments.

    "That little difference in opinions has massive implications for defendants," Kaiser said.

    A dissent by Justice Josephine Hart did not mention the cumulative-error principle but determined that Lacy's representation at trial had been defective.

    Lacy is one of 29 men on Arkansas' death row. One other inmate, Don Davis, has completed his state appeals and his lawyers are preparing an appeal to the U.S. Supreme Court.

    http://m.arkansasonline.com/news/201...ow-appeal-201/
    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

  5. #15
    Administrator Moh's Avatar
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    In today's orders, the United States Supreme Court declined to review Lacy's petition for certiorari.

    Lower Ct: Supreme Court of Arkansas
    Case Numbers: (CR-17-404)
    Decision Date: May 17, 2018

    https://www.supremecourt.gov/search....c/18-6344.html

  6. #16
    Administrator Moh's Avatar
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    On March 15, 2019, Lacy filed a habeas petition in Federal District Court.

    https://dockets.justia.com/docket/ar...cv00095/116118

  7. #17
    Senior Member Frequent Poster Ted's Avatar
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    Hasn’t he been denied by SCOTUS twice already?
    Violence and death seem to be the only answers that some people understand.

  8. #18
    Senior Member CnCP Legend Mike's Avatar
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    That's his state appeals getting thrown out. He won't get the final no for another 15-20 years.

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