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  1. #1

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    Andrew Howard Brannan - Georgia Death Row


    Kyle Dinkheller


    Andrew Howard Brannan


    Facts of the Crime:

    Sentenced to death for murdering Deputy Kyle Dinkheller in Laurens County during a speeding incident in January 1998. At first Brannon ignored Dinkhellers commands. he attacked the deputy and a scuffl ensured. Brannan went back to his car and took a M-1 carbine from under the seat. Brannan systematically, methodically shot Dinkheller in the arms, legs, exposed areas that would not be covered had Dinkheller been wearing a bulletproof vest, slowly executing him. Reloading his weapon Brannan continued firing with the final death shot to Dinkheller’s right eye.

  2. #2

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    November 3, 2008

    The Georgia Supreme Court has reinstated the death penalty for Andrew Howard Brannan, who was convicted of killing Laurens County deputy Kyle Dinkheller.

    In a unanimous decision written by Justice Hugh Thompson, the high court reversed a Butts County judge’s ruling that threw out Brannan’s death sentence, although it is not clear whether that judge also vacated Brannan’s conviction.

    The jury found Brannan guilty of murder, but after a later hearing the court threw out Brannan’s death sentence. Monday, the Georgia Supreme Court reinstated the death penalty for Brannan. “For the reasons set below, we reinstate Brannan’s death sentence and, to the extent that it is necessary to do so, we also reinstate his conviction,” Monday’s opinion says.

    In January 1998, Dinkheller stopped Brannan on Interstate 16 after clocking him at 98 mph. A video-camera on the deputy’s car showed that Brannan got out of his truck, and Dinkheller demanded he take his hands from his pockets and approach him, but Brannan didn’t move. In the videotape shown to the jury, Brannan then began swearing, dancing in the street and yelling, “Shoot me.” He rushed the deputy, they scuffled and Brannan ran back to his truck while Dinkheller called for backup.

    At one point, Brannan yelled he was a “Vietnam combat veteran.” After rummaging in his truck, despite Dinkheller’s commands to stop, Brannan pulled out a .30 M-1 carbine and opened fire, hitting Dinkheller nine times, including firing one last shot at close range. He was later found hiding in the woods and arrested.

    At trial, his attorney claimed he was not guilty by reason of insanity and presented experts who testified he suffered from post traumatic stress disorder, which had triggered a flashback to Vietnam. However, the court-appointed psychiatrist concluded Brannan was sane, and the jury found him guilty of murder, rejecting his insanity defense.

    In 2002, the Georgia Supreme Court upheld his conviction and death sentence. In 2003, Brannan filed a petition challenging the legality of his conviction and sentence in the county where he is imprisoned. After a hearing, the court threw out Brannan’s death sentence on the grounds that his trial counsel had been ineffective for failing to present certain mental health defenses in both the guilt-innocence and sentencing phases of his trial. The judge found that trial counsel was deficient for failing to emphasize Brannan’s history of bipolar disorder and depression, and produce evidence of the traumas Brannan had suffered in Vietnam.

    But in today’s 23-page decision, the Supreme Court found that trial counsel did present expert witnesses and evidence of Brannan’s mental illness.

    (Source: Macon.com)

  3. #3
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    On June 2, 2009, Brannan filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/geo...cv00041/47229/

  4. #4
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    Death row inmate files lawsuit claiming denial of mental health treatment

    By AMY LEIGH WOMACK

    A man sentenced to die for fatally shooting a Laurens County deputy in 1998 has filed a federal lawsuit alleging that because he is on death row he is not receiving the mental health treatment he needs.

    Deputy Kyle Dinkheller clocked Andrew Howard Brannan driving 98 mph on Interstate 16 on Jan. 12, 1998. The traffic stop ended with a gunfight between the 22-year-old deputy and Brannan, who was shooting a high-powered military-style rifle. Brannan was shot once in the abdomen. Dinkheller was shot multiple times, including in the chest, twice in the back and twice in the head.

    Jurors convicted Brannan of murder in 2000 and sentenced him to die. Brannan had pleaded not guilty by reason of insanity.

    In a lawsuit filed April 9, Brannan alleges he has been denied “proper and/or adequate treatment” for his mental health disorder and that the Georgia Department of Corrections doesn’t have a system in place to treat death row inmates with mental health problems.

    Brannan, 64, was diagnosed with post-traumatic stress disorder in 1984 following his combat in the Vietnam War, according to his 22-page handwritten court filing.

    He argues his mental health has “severely” declined while he’s been incarcerated due to a lack of treatment, medication and rehabilitation assistance.

    At times, his PTSD and bipolar disorder have caused him to become “manic” because of being locked up for 23 hours a day, Brannan contends.

    Brannan alleges guards came in yelling during a “shake down” of his housing area Jan. 15 and he had a flashback to combat in Vietnam. He suffered a “psychotic breakdown,” yelling and screaming. Prison mental health workers allegedly agreed to take him to a quiet place, but minutes later, guards handcuffed him and told him to get on his knees. When he questioned the guards, they slammed him to the floor so hard that he defecated on himself, Brannan contends.

    He alleges he was punched in the ribs, causing bruising and cracking. Despite a broken collarbone, Brannan contends he never received pain medication, according to the court filing.

    The Department of Corrections declined to comment on the lawsuit Friday, citing the pending suit.

    Brannan is requesting injunctive relief from a judge in addition to compensatory and punitive damages.

    In another handwritten court filing, Brannan has asked that a judge appoint a lawyer to represent him since he can’t afford to hire one.

    Lawyers representing Brannan in his criminal case and death sentence have appealed his conviction to the U.S. Court of Appeals for the Eleventh Circuit. His case, which alleges ineffective assistance of counsel during the murder trial and that the prosecution struck potential jurors from the pool in a racially discriminatory manner, still is pending.

    http://www.macon.com/2013/04/21/2448...#storylink=cpy

  5. #5
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    I just watched a few youtube-videos and found the dash cam footage of this murder.



    the wikipedia article:

    Murder of Kyle Dinkheller
    Last edited by Jan; 06-28-2013 at 09:48 AM.

  6. #6
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    On August 8, 2013, the Eleventh Circuit affirmed the district court's denial of habeas relief.

    ANDREW H. BRANNAN v. GDCP WARDEN

    On November 8, 2013, rehearing en banc was denied.

    http://www.supremecourt.gov/Search.a...es/13-1220.htm
    Last edited by Stro07; 04-29-2014 at 07:59 AM.

  7. #7
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    In today's United States Supreme Court orders, Brannan's petition for writ of certiorari was DENIED.

    Lower Ct: United States Court of Appeals for the Eleventh Circuit
    Case Nos.: (12-13039)
    Decision Date: August 8, 2013
    Rehearing Denied: November 8, 2013

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