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Thread: Kevin Bernard Burns - Tennessee Death Row

  1. #1
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    Kevin Bernard Burns - Tennessee Death Row




    Facts of the Crime:

    Sentenced to death in two 1992 murders: Tracey Johnson died at the scene, whereas Damond Dawson, who suffered five gunshots to his arm, buttocks, chest and hip was alive when police arrived but died after being transported to the hospital. Eric Thomas, who sustained gunshots to his chest and stomach, survived and made a photo identification of Kevin Burns two days after the incident. Thomas testified that Burns and the others had "opened fire" after robbing him and his friends of their jewelry and money.

    Burns was sentenced to death on November 27, 1995.

  2. #2
    Administrator Moh's Avatar
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    On February 22, 2011, Burns filed an appeal before 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/ca6/11-5214/

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    Case files: New appeals for Tennessee death row inmates

    By Stacey Barchenger
    The Tennessean

    Lawyers have filed motions in Tennessee courts on behalf of condemned inmates that present a new, and perhaps unexpected, course of attack on the death penalty: Citing the U.S. Supreme Court ruling legalizing same-sex marriage nationwide. The motions seek to re-open the condemned inmates' cases.

    They argue that the Supreme Court justices in the 2015 same-sex marriage case, known as Obergefell, ruled that courts cannot infringe on fundamental rights, including the right to life. The inmates say that to impose a death sentence infringes on that right.

    Many of those motions have been denied by judges, though a few are still pending.

    Here are some of those cases:

    Kevin Burns, Shelby County, motion denied:
    Burns was given the death sentence in the 1992 murder of Damond Dawson, 17, and a life sentence for killing Tracey Johnson, 23. The two were murdered as they sat in a car in Dawson's driveway after being robbed of money and jewelry.

    http://www.tennessean.com/story/news...ates/91294878/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Administrator Moh's Avatar
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    In today's orders, the United States Supreme Court DENIED Burns' certiorari petition.

    Lower Ct: Court of Criminal Appeals of Tennessee, Western Division
    Case Numbers: (W2016-01684-CC-R28-PD)
    Decision Date: October 18, 2016
    Discretionary Court Decision Date: January 23, 2017

    https://www.supremecourt.gov/search....c/16-9681.html

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    Administrator Moh's Avatar
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    On February 5, 2020, oral argument will be heard in Burns' appeal before the Sixth Circuit. The panel will be made up of Senior Judge Batchelder (G.H.W. Bush), Senior Judge Cook (G.W. Bush) and Judge Stranch (Obama).

    https://www.ca6.uscourts.gov/sites/c...032020_arg.pdf

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    Moderator Bobsicles's Avatar
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    The Sixth Circuit has denied Burns’ appeal and affirmed the district court’s denial of his habeas petition.

    https://law.justia.com/cases/federal...022-04-13.html
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

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    Judge Stranch dissented.

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    En banc rehearing denied May 24, 2022.

    https://www.supremecourt.gov/DocketP...0extension.pdf
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

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    Moderator Bobsicles's Avatar
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    Final petition for writ of certiorari filed October 20, 2022.

    https://www.supremecourt.gov/Search....5C22-5891.html
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  10. #10
    Moderator Bobsicles's Avatar
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    Final appeal distributed for conference March 17, 2023

    https://www.supremecourt.gov/search....c/22-5891.html
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

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