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Thread: Michael Wade Nance - Georgia Death Row

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    Michael Wade Nance - Georgia Death Row




    Facts of the Crime:

    Was sentenced to death in September 1997 for killing Gabor Balogh, a 43-year-old father of two, as he was leaving a liquor store in December 1993.

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    No. 05-11635 *** CAPITAL CASE ***
    Title:
    Michael W. Nance, Petitioner
    v.
    Georgia
    Docketed: June 21, 2006
    Linked with 05A884
    Lower Ct: Supreme Court of Georgia
    Case Nos.: (S05P1438)
    Decision Date: December 1, 2005
    Rehearing Denied: January 17, 2006

    ~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
    Mar 22 2006 Application (05A884) to extend the time to file a petition for a writ of certiorari from April 17, 2006 to June 16, 2006, submitted to Justice Thomas.
    Mar 29 2006 Application (05A884) granted by Justice Thomas extending the time to file until June 16, 2006.
    Jun 16 2006 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 21, 2006)
    Jul 21 2006 Brief of respondent Georgia in opposition filed.
    Aug 3 2006 DISTRIBUTED for Conference of September 25, 2006.
    Oct 2 2006 Petition DENIED.
    Oct 26 2006 Petition for Rehearing filed.
    Nov 1 2006 DISTRIBUTED for Conference of November 21, 2006.
    Nov 27 2006 Rehearing DENIED.

    http://www.supremecourt.gov/Search.a...s/05-11635.htm

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    HUMPHREY, WARDEN v. NANCE (and vice versa)

    Death penalty reinstated for convicted killer

    The Georgia Supreme Court has reversed a lower court's ruling and reinstated the death penalty for the man convicted of a 1993 murder.

    The high court's decision for Michael Wade Nance was released Monday.

    The chain of events leading up to the Dec. 18, 1993 murder began with a bank robbery. According to information presented in court, Nance stole a car and drove it to the Tucker Federal Bank in Lilburn, which he robbed at gunpoint.

    The bank teller slipped two dye packs into the cash she gave Nance. The packs exploded inside the car, emitting red dye and tear gas. Nance abandoned the car and ran across Indian Trail Road to a package store, where Gabor Balogh was backing his car out of a parking space.

    A witness said Nance yanked open Balogh's car door and shot him in the left elbow. The bullet ricocheted into Balogh's chest, hit his heart and lodged in his liver. He died at the scene.

    Nance fired a shot at the witness, which missed, and then ran to a nearby gas station and held an hour-long police standoff before surrendering.

    At Nance's original trial, prosecutors argued that he had robbed another Gwinnett County bank three months earlier and had also been convicted of armed robbery in Kansas in 1984. In September 1997, he was convicted of malice murder and aggravated assault, among other charges, and was sentenced to death.

    Nance's death sentence was first reversed in February 2000, when the Georgia Supreme Court found that a juror who should have been excused was instead selected for the trial. The death sentenced was reinstated in 2002, but Nance appealed to the high court in March 2007, arguing that his trial attorneys failed to present certain evidence in his favor, such as his developmental delays, learning difficulties and history of drug abuse.

    In Monday's opinion, a Supreme Court justice wrote that "there is no reasonable probability that the outcome would have been different" even if Nance's lawyers had referred to his "low average intelligence" during trial.

    http://www.11alive.com/News/Crime/29...nvicted-killer
    An uninformed opponent is a dangerous opponent.

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    On December 27, 2013, Nance filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/geo...cv04279/201357

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    Today, the US Supreme Court DENIED Nance's certiorari petition on appeal from the Georgia Supreme Court's denial of his state habeas petition.

    http://www.supremecourt.gov/Search.a...es/13-7439.htm

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    On December 4, 2017, Nance filed an appeal before the US Court of Appeals for the Eleventh Circuit.

    https://dockets.justia.com/docket/ci.../ca11/17-15361

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    On January 14, 2019, oral argument will be heard in Nance's appeal before the Eleventh Circuit.

    http://www.ca11.uscourts.gov/sites/d...LMNance_P2.pdf

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    MICHAEL WADE NANCE v WARDEN, GEORGIA DIAGNOSTIC PRISON

    In today's opinions, the Eleventh Circuit Court of Appeals AFFIRMED the district court’s DENIAL of Nance's 28 U.S.C. 2254 petition.
    An uninformed opponent is a dangerous opponent.

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

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    On July 11, 2019, the Eleventh Circuit DENIED Nance's petition for en banc rehearing.

    https://www.supremecourt.gov/DocketP...20Petition.pdf

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    Condemned Gwinnett inmate says he should be executed by firing squad

    A condemned killer from Gwinnett County has sued Georgia’s prison system, saying he should be executed by firing squad because his veins are so narrow that an attempted lethal injection could cause him excruciating pain.

    “Execution by firing squad is both swift and virtually painless,” said the federal lawsuit filed by death-row inmate Michael Wade Nance. “Evidence and recent experience strongly suggest that the firing squad is significantly more reliable than lethal injection.”

    Nance was sentenced to death in 2002 by a Gwinnett jury for fatally shooting 43-year-old Gabor Balogh when Balogh resisted giving up his car to Nance. Nance had just robbed the Tucker Federal Savings and Loan in Lilburn and was looking for a getaway car to escape.

    Nance’s appeals are in their final stages. He must submit filings to the U.S. Supreme Court by Feb. 12.

    Georgia’s lethal injection procedure involves the intravenous application of pentobarbital.

    Nance’s veins are “severely compromised” and extremely difficult to locate, the lawsuit said. If lethal injection is attempted, there is a substantial risk that Nance’s veins will lose their integrity, leading to leakage of the pentobarbital into the surrounding tissue, the suit said.

    This would lead to a “prolonged execution that will produce excruciating pain,” the suit said.

    In addition, Nance has, for several years, been taking increased dosages of a drug to relieve chronic back pain. This drug has altered Nance’s brain chemistry in such a way to compromise the effectiveness of the pentobarbital, causing an even greater chance of him being in great pain for an extended period of time, the suit said.

    For those reasons, a firing squad would prevent Nance from enduring cruel and unusual punishment during his execution, the suit said.

    Gwinnett District Attorney Danny Porter, when notified Friday, said nothing about the new lawsuit changes his position that Nance should be executed for his crimes.

    “If he needs a firing squad, then let him have it,” Porter said. “It’s certainly a unique request.”

    Georgia once used firing squads to execute condemned inmates but that occurred no later than 1924, when the state began using the electric chair, according to the Death Penalty Information Center. After the state Supreme Court ruled the chair unconstitutional in 2001, Georgia switched to lethal injection and has used it ever since.

    The last execution by firing squad nationwide occurred in 2010 in Utah, which still allows that method of capital punishment.

    In 2017, Georgia death-row inmate J.W. Ledford Jr. also asked for a firing squad because he’d used the same drug for his chronic back pain as Nance. But courts rejected his request and he was put to death by lethal injection.

    When asked about Nance’s lawsuit, State Department of Corrections spokeswoman Lori Benoit said her agency does not comment on pending litigation. Attempts to reach Nance’s lawyers were unsuccessful.

    https://www.ajc.com/news/local/conde...bkXYcGoHdphgP/
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