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Leon A. Tollette - Georgia Death Row
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Thread: Leon A. Tollette - Georgia Death Row

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    Leon A. Tollette - Georgia Death Row




    Facts of the Crime:

    Was sentenced to death for shooting and killing an armored truck guard, John Hamilton, in a botched robbery in Columbus on December 21, 1995.

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    No. 06-5054 *** CAPITAL CASE ***
    Title:
    Leon A. Tollette, Petitioner
    v.
    Georgia
    Docketed: July 5, 2006
    Linked with 05A772
    Lower Ct: Supreme Court of Georgia
    Case Nos.: (S05P1114)
    Decision Date: November 7, 2005
    Rehearing Denied: December 2, 2005

    ~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
    Feb 20 2006 Application (05A772) to extend the time to file a petition for a writ of certiorari from March 2, 2006 to May 1, 2006, submitted to Justice Thomas.
    Feb 23 2006 Application (05A772) granted by Justice Thomas extending the time to file until May 1, 2006.
    Apr 28 2006 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 4, 2006)
    Jul 28 2006 Brief of respondent Georgia in opposition filed.
    Aug 10 2006 DISTRIBUTED for Conference of September 25, 2006.
    Oct 2 2006 Petition DENIED.

    http://www.supremecourt.gov/Search.a...es/06-5054.htm

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    On May 6, 2014, Tollette filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/geo...4cv00110/92508

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    In today's orders, the US Supreme Court DENIED Tollette's certiorari petition.

    Docketed: June 27, 2014
    Lower Ct: Superior Court of Georgia, Butts County
    Case Nos.: (2007-V-822)
    Decision Date: February 13, 2013
    Discretionary Court
    Decision Date: March 28, 2014
    Rehearing Denied: April 22, 2014

    http://www.supremecourt.gov/Search.a...s\13-10769.htm

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    Robber who gunned down Columbus armored truck guard loses appeal

    A Georgia death-row inmate who in 1995 gunned down a Brinks security guard outside Columbus’ downtown SunTrust bank has lost an appeal in federal court.

    Leon Tollette was appealing only the death penalty a jury gave him, as he pleaded guilty to killing Brinks guard John Hamilton during a robbery on Dec. 21, 1995, when Tollette approached Hamilton from behind and shot him four times, once in the head, and fled with the money bag Hamilton had.

    A former gang member and drug dealer, Tollette had come here from California at the invitation of an accomplice, Xavier Wommack, who along with Jakeith Robinson planned the robbery after Wommack studied the Brinks schedule for collecting bank receipts.

    Tollette later would claim he fired on instinct when Hamilton turned around and saw him coming. A flurry of gunfire ensued as other guards and police immediately tried to prevent his escape.

    The truck’s driver, Carl Crane, shot at Tollette, as did Cornell Christianson, who was driving a nearby Lummus Fargo truck. Wommack, who had been watching from across the street, started shooting at the guards to aid Tollette’s escape.

    Finally Robert Oliver, a police officer accompanied by a cadet, confronted Tollette, who tried to shoot at Oliver, too, but had no more live rounds in his revolver. He dropped the gun and surrendered. His accomplices fled without him.

    Tollette never went to trial for the crime itself. Instead he pleaded guilty in 1997 to murder, armed robbery, being a convicted felon with a firearm, using a firearm to commit a crime and two counts of aggravated assault.

    He had only a sentencing trial for a jury to decide whether he should get life with parole, life without parole or death. On Nov. 11, 1997, jurors sentenced him to death.

    He since has filed repeated appeals claiming ineffective assistance of counsel and numerous procedural errors. He initially moved for a new trial in Muscogee Superior Court, but was denied that on Jan. 28, 1999. The Georgia Supreme Court rejected his appeal on Nov. 7, 2005, and the U.S. Supreme Court refused to hear the case Oct. 2, 2006.

    On May 6, 2014, Tollette filed a habeas corpus appeal in U.S. District Court for the Middle District of Georgia. Attorneys since have been filing arguments in that appeal, which Judge Clay Land denied Wednesday in a ruling more than 100 pages long.

    Tollette still may appeal Land’s decision. While denying the convict’s habeas corpus writ, the judge in his conclusion allowed appeals on these issues:

    “Whether trial counsel were ineffective for failing to investigate and present mitigating evidence and for failing to investigate and challenge the state’s presentation of evidence about the circumstance of the murder and whether subsequent counsel were ineffective for failing to adequately litigate trial counsel’s failure.”

    Now 57, Tollette remains on death row in the Georgia Diagnostic and Classification State Prison in Jackson.

    http://www.ledger-enquirer.com/lates...e96391832.html
    "You can't get rich in politics unless you're a crook." - Harry Truman

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    On November 16, 2016, Tollette filed an appeal before the US Court of Appeals for the Eleventh Circuit.

    https://dockets.justia.com/docket/ci.../ca11/16-17149

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    On November 20, 2019, oral argument will be heard in Tollette's appeal before the Eleventh Circuit.

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

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    In today's decisions, the 11th Circuit AFFIRMED the District Court.

    https://law.justia.com/cases/federal...020-05-29.html
    "You can't get rich in politics unless you're a crook." - Harry Truman

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    The panel was made up of Chief Judge Carnes (G.H.W. Bush), Senior Judge Marcus (Clinton) and Judge Jordan (Obama).

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