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    David Eugene Matthews - Kentucky Death Row


    Mary Marlene Cruse Matthews


    David Eugene Matthews


    Facts of the Crime:

    Was sentenced to death on November 11, 1982 in Jefferson County for the murders of Mary Matthews and Magdalene Cruse on June 29, 1981 in Louisville. Mary Matthews was his estranged wife and Magdalene Cruse was his mother-in-law. In the process of committing these crimes he burglarized his wife’s home. He was tried and convicted on October 8, 1982.

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    March 18, 2009

    Federal judge upholds death sentence of long-serving Ky. inmate

    A federal judge has upheld the death sentence of Kentucky's 3rd-longest serving death row inmate saying a trial judge didn't err in interpreting the law and his lawyers were adequate.

    U.S. District Judge John Heyburn III reversed a recommendation by a magistrate judge and ruled that David Eugene Matthews isn't entitled to a new trial after 27 years.

    Matthews, 60, was sentenced to death Nov. 11, 1982 in Louisville for the murders of his wife, Mary "Marlene" Matthews, and mother-in-law, Magdalene Cruse, on June 29, 1981.

    U.S. Magistrate James Moyer's recommendation was based on a finding that the trial judge erred in handling Matthews' claim of "extreme emotional disturbance" at the time of the killings and that his attorneys failed to argue on appeal that jurors were not properly instructed about how to handle the defense.

    Heyburn, in a 19-page decision released Wednesday, said the law on extreme emotional distress is complex, but the trial judge made the right calls, as did the attorneys.

    Kentucky's law at the time Matthews went to trial required prosecutors to prove beyond a reasonable doubt that Matthews did not suffer from extreme emotional distress. Moyer found that prosecutors failed to put on any expert witnesses to rebut Matthews' claim, which should have prompted the trial judge to order Matthews acquitted on the murder charges, and the jury should have been instructed about what prosecutors had to prove.

    Heyburn, though, found enough evidence in the record to back the trial judge's decision.

    Heyburn noted that Matthews spent several hours in the house before finishing his "crime spree" and later discussions with his mother suggest he acted deliberately and had an understanding of what happened.

    "The method of committing this crime would suggest to reasonable jurors some quiet contemplation and thought on Matthews' part," Heyburn wrote.

    Heyburn added that the absence of extreme emotional distress "could be inferred from the careful steps that Matthews took to conceal his crimes during and after their commission."Heyburn upheld all of Moyer's other recommendations, rejecting a slew of arguments from Matthews.

    Kentucky has executed three men since 1976. The last person executed was Marco Allen Chapman by lethal injection in November. The state currently has 36 people on death row.

    (Source: The Associated Press)

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    On April 17, 2009, Matthews filed an appeal in the US Sixth Circuit Court of Appeals over the denial of his habeas petition in Federal District Court.

    http://dockets.justia.com/docket/cir...s/ca6/09-5464/

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    Ky death row inmate loses bid for funds for test

    A federal judge has rejected a request from a Kentucky death row inmate for funds to pay for a MRI to be used with an expected clemency petition.

    U.S. District Judge John G. Heyburn II on Friday concluded that pursuing clemency from the state is not a proper use of federal funds. The decision turned away 64-year-old David Eugene Matthews as he prepares to ask Kentucky Gov. Steve Beshear to spare his life.

    Matthews was condemned for the murder of his estranged wife, Mary "Marlene" Matthews, and mother-in-law, Magdalene Cruse, in Louisville on June 29, 1981.

    The U.S. 6th Circuit Court of Appeals overturned Matthews' death sentence in 2011. The U.S. Supreme Court reinstated the death sentence in 2012.

    http://www.whas11.com/news/local/Ky-...212734841.html
    An uninformed opponent is a dangerous opponent.

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    On July 10, 2013, Matthews filed an appeal before the US Court of Appeals for the Sixth Circuit.

    http://dockets.justia.com/docket/cir...s/ca6/13-5901/

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    DAVID EUGENE MATTHEWS v. PHILIP PARKER, Warden, Kentucky State Penitentiary

    The Sixth Circuit Court of Appeals has AFFIRMED in part and REVERSED in part Matthew's appeal. The case has been remanded to the Kentucky Supreme Court for retrial.

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    Appeals court grants new trial to inmate on death row for 29 years, says judge erred at trial

    LOUISVILLE, Ky. — A Kentucky inmate on death row for 29 years has been granted a new trial by a federal appeals court that found problems with the trial judge's legal interpretations and an argument made by prosecutors about a claim of extreme emotional distress at the time of two slayings.

    A split U.S. 6th Circuit Court of Appeals on Monday ordered 62-year-old David Eugene Matthews retried within 180 days in the death of his estranged wife Mary "Marlene" Matthews, and mother-in-law, Magdalene Cruse in Louisville, on June 29, 1981.

    Judge Eric Clay wrote that the trial judge misinterpreted Kentucky's law on an extreme emotional distress defense and allowed prosecutors to claim during closing arguments that Matthews and his attorneys concocted the issue in an attempt to avoid conviction.

    "The prosecutor's comments during closing arguments regarding (Matthews') supposed exaggeration of EED, and collusion with his attorney and doctor, were both improper and flagrant," Clay wrote.

    Clay, joined by judge Karen Nelson Moore, also ordered the state to determine if Matthews can legally be retried or must be released because the constitutional prohibition on being tried twice for the same crime applies in this case.

    Judge Eugene Siler Jr. dissented, saying the judge properly interpreted the law, and noted that prosecutors withdrew the offending statement at closing arguments.

    "First, the evidence against the defendant was strong, as counsel admitted that Matthews had killed the two victims," Siler wrote. "The evidence of whether Matthews was under the influence of EED at the time of the offense was not as compelling, but there was evidence that Matthews did not suffer from this impairment at the time of the killings."

    The ruling overturns a decision by U.S. District Judge John G. Heyburn III upholding Matthews' conviction and sentence.

    Kentucky's law at the time Matthews went to trial required prosecutors to prove beyond a reasonable doubt that Matthews did not suffer from extreme emotional distress if the defendant produced sufficient evidence of the disorder. Clay found that Matthews made his case on extreme emotional distress, but prosecutors "neither undermined nor contravened" the claim, leaving reasonable doubt in place.

    "The prosecution presented no evidence of its own regarding the EED element," Clay wrote.

    Kentucky has executed three men since 1976. The last person executed was Marco Allen Chapman by lethal injection in November. The state currently has 34 people on death row.

    http://www.therepublic.com/view/stor...ence-Matthews/

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    Two condemned inmates in KY seek mental exam funds

    Two Kentucky death row inmates asked a federal appeals court to grant them funding for neuropsychological testing they hope will hold off their executions.

    Condemned inmates Robert Foley and David Eugene Matthews have each filed cases with the U.S. 6th Circuit Court of Appeals in Cincinnati. Both men want the higher court to overturn decisions by federal judges in Kentucky denying the men funds for the mental health tests.

    In both cases, the inmates are seeking the tests to use as part of a clemency bid should an execution date be set.

    Matthews, 65, will get to make the first request. The appeals court has set a Dec. 2 deadline for his attorneys to file a brief. Prosecutors will have until Feb. 3 to respond. Matthews' case will be decided sometime in the spring or summer of 2014.

    The court has not yet set filing deadlines for Foley, 57.

    Matthews, the second-longest serving inmate on Kentucky's death row, was condemned for killing his estranged wife, Mary "Marlene" Matthews, and mother-in-law, Magdalene Cruse, in Louisville on June 29, 1981.

    Foley is awaiting execution for the 1991 slayings of Rodney and Lynn Vaughn after a dispute in Laurel County. Foley, a former FBI informant, is also on death row for four other slayings.

    Both inmates were turned down earlier this year in their quests for funds for mental test to bolster clemency bids.

    Foley sought funds for a neuropsychologist, saying he has an extensive history of head trauma, but he lacks a formal diagnosis of a neuropsychological disorder or condition. Specifically, Foley's attorneys cite a 1991 car wreck in which Foley's car flipped over and threw him from the front seat to the back seat, and an incident later that year in which Foley's legs went numb while he tried to push a car.

    Foley contends such an expert could determine if that trauma has affected his behavior — a finding that could affect whether the governor grants him clemency, Reeves wrote.

    U.S. District Judge Danny C. Reeves concluded that Foley's legal and mental history showed no signs of any adverse impact from head injuries or mental shortcomings.

    Matthews made a similar argument to U.S. District Judge John G. Heyburn II, who rejected the request, writing that Matthews had an opportunity over the last 30 years to litigate his claims.

    Both appeals are being pursued as Kentucky seeks to restart executions for the first time since 2008. Kentucky switched from using three drugs to carry out a lethal injection to a method that uses 3 grams of sodium thiopental or 5 grams of pentobarbital — similar to the method used by Ohio. If those drugs are not available within seven days of an execution date, the state may use a two-drug method involving continued injections of 60 milligrams of a combination of Midazolam and hydromorphone.

    Franklin Circuit Judge Phillip Shepherd has been reviewing the method since a hearing in March, but has yet to rule.

    Kentucky has executed three inmates since the reinstatement of the death penalty in 1976, with the last execution being carried out in 2008. At least two and as many as seven inmates are at or near the end of their appeals.

    http://www.sfgate.com/news/article/2...ds-4939906.php
    An uninformed opponent is a dangerous opponent.

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

  9. #9
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    Given that it's really a two-to-two tie (counting the district court judge), this one seems ripe for a rehearing en banc.

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    David Matthews v. Randy White

    In today's opinions, the Sixth Circuit Court of Appeals VACATED the district court's judgement denying Matthews federal funding for a neuropsychological evaluation and REMANDED the case for further proceedings.
    An uninformed opponent is a dangerous opponent.

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

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