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Thread: Terrick Terrell Nooner - Arkansas Death Row

  1. #11
    Administrator Heidi's Avatar
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    Nooner v. Hobb

    Court: 8th Circuit Court of Appeals

    Opinion Date: August 24, 2012

    Petitioner, convicted of capital felony murder in the course of a robbery and sentenced to death, petitioned for habeas relief, asserting actual innocence. The court found no clear error in the district court's determination that the expert testimony at issue was not "new" evidence; the district court did not err in its reliability and credibility assessments; there was no error in the district court's predictive analysis of how actual jurors would view the totality of the evidence regarding actual innocence; and even assuming error, there was no prejudice. Accordingly, the court affirmed the judgment.
    An uninformed opponent is a dangerous opponent.

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  2. #12
    Administrator Moh's Avatar
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    On November 21, 2012, the US Eighth Circuit Court of Appeals denied Nooner's petition for an en banc rehearing.

    http://www.supremecourt.gov/Search.a...es/12-9407.htm

  3. #13
    Administrator Heidi's Avatar
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    In today's United States Supreme Court orders, Nooner's petition for writ of certiorari was DENIED.

    Ruling could result in an execution date.
    An uninformed opponent is a dangerous opponent.

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

  4. #14
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    Arkansas inmate asks for new death penalty hearing

    A man sentenced to death for a 1993 killing at a Little Rock laundry asked the Arkansas Supreme Court on Thursday to order a new sentencing hearing on grounds the jury didn't consider evidence that he had a troubled childhood.

    Terrick Nooner, 42, was convicted of killing Scot Stobaugh, 22, during a robbery. A second person also was convicted and sentenced to life in prison without parole.

    Josh Lee, Nooner's attorney, cited a decision by the high court in December 2011 in which another condemned inmate, Frank Williams, was granted a new sentencing hearing for the same reason.

    At the time, jurors could check a box on the verdict forms that indicated there was no mitigating evidence, which jurors did in Nooner's case. The form has since been changed.

    "It can only assume the jury eliminated the mitigation from consideration," Lee said. "It's impossible to tell whether the jury considered the mitigating evidence."

    Associate Justice Donald Corbin said there was surveillance video evidence in the case that allegedly showed Nooner and Robert Rockett walk into a room with the victim, where he was later found with a fatal gunshot wound.

    "Why would they (jurors) want to listen to anything else after that," Corbin asked.

    Lee noted that prosecutors didn't rebut testimony about Nooner being taken from his childhood home because he was abused and that he was later treated in a psychiatric unit.

    Senior Assistant Attorney General Kelly Bright asked justices to deny Nooner's resentencing request, which would have the effect of overturning the precedent they set in Williams' case.

    "It's not a violation of fundamental error," Fields said.

    Lee said it would be inconsistent to grant relief for Williams and not for Nooner.

    A circuit judge last week blocked further executions by ruling the state's 2013 execution law is unconstitutional. That case also is expected to wind up before the Arkansas Supreme Court.

    Williams was sentenced to die for the 1992 shooting death of a farmer in southern Arkansas.

    Standard verdict forms were changed so that jurors now only state whether they were swayed by mitigating evidence. Lee told justices he didn't think a ruling in Nooner's favor would lead to more similar appeals as juries generally indicated that they'd considered mitigating evidence.

    The court will rule later.

    http://www.sfgate.com/news/crime/art...ng-5250681.php
    An uninformed opponent is a dangerous opponent.

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

  5. #15
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    Bid for new death-penalty hearing in ’93 killing denied

    Arkansas' highest court has denied a bid to reopen the case of a death row inmate convicted of a 1993 killing at a Little Rock laundry.

    The state Supreme Court on Thursday denied Terrick Nooner's request to vacate his death sentence and order a new sentencing hearing in his capital-murder conviction in the killing of Scot Stobaugh. Nooner's attorneys had argued for the new sentencing hearing on grounds the jury didn't consider evidence that he had a troubled childhood.

    His attorneys also argued that the jury was incorrectly instructed to evaluate mitigating circumstances only if they existed at the time of the murder.

    Justices ruled that Nooner hadn't demonstrated extraordinary circumstances to justify reopening the case for a new sentencing hearing.

    http://www.arkansasonline.com/news/2...=news-arkansas
    An uninformed opponent is a dangerous opponent.

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  6. #16
    Moderator MRBAM's Avatar
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    Might they now set a date for him???? What is the hold up???

  7. #17
    Senior Member CnCP Legend FFM's Avatar
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    Nope. Arkansas remains in lethal injection disarray along with SC, NC, NV, and a few others. Also, Governor Beebe isn't too fond of the death penalty.

  8. #18
    Administrator Moh's Avatar
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    On October 15, 2014, Nooner filed a successive habeas petition in Federal District Court.

    http://dockets.justia.com/docket/ark...4cv00374/98132

  9. #19
    Administrator Moh's Avatar
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    In today's orders, the United States Supreme Court declined to review Nooner's petition for certiorari.

    Docketed: December 22, 2014
    Linked with 14A258
    Lower Ct: Supreme Court of Arkansas
    Case Nos.: (CR-94-358)
    Decision Date: June 26, 2014

    http://www.supremecourt.gov/search.a...es/14-7664.htm

  10. #20
    Senior Member CnCP Legend Mike's Avatar
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    Arkansas Governor Asked to Set Execution Dates for 8 Inmates

    Arkansas attorney general has asked Gov. Asa Hutchinson to set execution dates for eight death row inmates in what would be the state's first executions in a decade.

    A spokesman for Attorney General Leslie Rutledge confirmed Tuesday that the request was made. A spokesman for Hutchinson said the governor did not have an immediate timeline for when he would set the dates.

    The Arkansas Department of Correction purchased enough of the three-drug combination used in the state's new execution protocol in late July to perform the executions. A state law passed this year lets the department buy the drugs secretly, as in other states.

    According to an invoice in which the name of the supplier is blacked out, the department paid $24,226 for the three drugs needed for lethal injections, including the sedative midazolam.

    Midazolam was implicated after executions last year in Arizona, Ohio and Oklahoma went on longer than expected, with inmates gasping and groaning as they died. The U.S. Supreme Court in June approved continued use of the drug, rejecting a challenge from three Oklahoma inmates now set to be put to death in September and October.

    Rutledge's spokesman Judd Deere said there were eight letters sent, one each for inmates Bruce Earl Ward, Don William Davis, Jack Jones, Jason McGehee, Kenneth Williams, Marcel Williams, Stacey Johnson and Terrick Nooner.

    The eight men have exhausted their court appeals for their criminal convictions, but the inmates filed a joint lawsuit in April when the law was passed allowing the state to keep the manufacturer of the drugs a secret.

    Attorney Jeff Rosenzweig, who represents the eight inmates, said Tuesday he plans to "file the appropriate pleadings in the appropriate courts to delay any execution date that the governor might set."

    Arkansas has not executed an inmate since 2005 because the state's execution law had been challenged in court.

    http://abcnews.go.com/US/wireStory/a...mates-33459361
    "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

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