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Jose Bert DeJesus - Pennsylvania
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Thread: Jose Bert DeJesus - Pennsylvania

  1. #1
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    Jose Bert DeJesus - Pennsylvania




    Facts of the Crime:

    Convicted in the murder of a pregnant woman and wounded a two-year-old while carrying out a $5,000 hit near an ice-cream truck on a hot summer afternoon. Eighteen-year-old Lisa Carrasquillo's child would miraculously be born after her slaying.

    DeJesus was sentenced to death in Philadelphia County on July 7, 1998.
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  2. #2
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    Pennsylvania v. DeJesus

    Opinion Date: December 14, 2012

    Court: Pennsylvania Supreme Court

    The Supreme Court addressed cross-appeals in this opinion, arising from a capital matter from an order of the Court of Common Pleas of Philadelphia County. The lower court granted partial relief under the Post Conviction Relief Act (PCRA), which the Commonwealth appealed insofar as it granted relief on Appellee Jose DeJesus's claim that he was ineligible for the death penalty under "Atkins v. Virginia," (536 U.S. 304 (2002)), because he was mentally retarded. Appellee cross-appealed the PCRA court's concurrent denial of his various other PCRA claims. At trial, before the court issued a decision on Appellee's "Atkins" claim, the Commonwealth filed a motion to reopen the record, asserting that it had recently received information from prison officials that she substantial doubt on appellee's claims of mental retardation. The PCRA Court denied the Commonwealth's motion, offering no further explanation or discussion for the denial. The PCRA court concluded that appellee had met his burden to prove limited intellectual functioning. In the court's view, the Commonwealth's evidence and argument that appellee malingered on his post-Atkins tests, while "compelling," did not "carry the day." The PCRA court also addressed the merits of the claims raised by appellee in his cross-appeal, rejecting them all. The Supreme Court concluded the PCRA Court abused its discretion in not entertaining the Commonwealth's new evidence. "The Commonwealth's proffer specified that this evidence was relevant to the intellectual and adaptive function elements of Atkins because it showed appellee's ability, not only to function within prison, but to use his wits and skills to 'beat the system' in a manner that required forethought, direction and coordination of others." The Supreme Court vacated the PCRA court's decision and accompanying order which found appellee mentally retarded and vacated his death sentences, but otherwise denied relief. This matter was remanded for further Atkins proceedings.
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    Administrator Moh's Avatar
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    On January 22, 2015, DeJesus filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/pen...cv00417/500326
    http://dockets.justia.com/docket/pen...cv00397/500320

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    Last edited by montespan; 10-03-2018 at 06:53 PM.

  5. #5
    Senior Member CnCP Addict one_two_bomb's Avatar
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    I guess death sentence was vacated because he is "too retarded"

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