Robert Lee Faulkner
Facts of the Crime:
Sentenced to death on March 10, 2001 for the January 21, 1999 murder of his wife Shirley by beating her in the head and face with a skillet and a horseshoe after she told him she wanted a divorce.
Robert Lee Faulkner
Facts of the Crime:
Sentenced to death on March 10, 2001 for the January 21, 1999 murder of his wife Shirley by beating her in the head and face with a skillet and a horseshoe after she told him she wanted a divorce.
No. 04-10471 *** CAPITAL CASE ***
Title:
Robert Faulkner, Petitioner
v.
Tennessee
Docketed: June 7, 2005
Linked with 04A908
Lower Ct: Supreme Court of Tennessee, Western Division
Case Nos.: (W2001-02614-SC-DDT-DD)
Decision Date: January 28, 2005
~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Apr 19 2005 Application (04A908) to extend the time to file a petition for a writ of certiorari from April 28, 2005 to May 28, 2005, submitted to Justice Stevens.
Apr 25 2005 Application (04A908) granted by Justice Stevens extending the time to file until May 30, 2005.
May 31 2005 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 7, 2005)
Jul 1 2005 Brief of respondent Tennessee in opposition filed.
Jul 14 2005 DISTRIBUTED for Conference of September 26, 2005.
Oct 3 2005 Petition DENIED. The Chief Justice took no part in the consideration or decision of this petition.
http://www.supremecourt.gov/Search.a...s/04-10471.htm
Tainted jury nets new trial for Tennessee death row inmate
A Memphis man on death row since 2001 for beating his estranged wife to death with a frying pan won a new trial last week after it was revealed that the forewoman on his jury failed to disclose that she herself had once been a victim of domestic violence.
While the prosecution argued that the juror made an unintentional omission that did not affect the trial verdict, the Tennessee Court of Appeals firmly decreed that the jury was tainted, so the defendant is entitled to a new trial no matter the strength of the evidence against him.
Robert “Skillet” Faulkner, 59, told police that his wife of only a few months told him she wanted a divorce. “Everything just exploded,” he said. Faulkner picked up a nearby frying pan and a horseshoe, then bludgeoned Shirley Faulkner so many times that the frying pan broke in two.
Her body was discovered in her home on Jan. 22, 1999, the day after the murder, and Faulkner turned himself in the next day.
During questioning he was routinely asked by investigators about any other nicknames or aliases, according to testimony revealed at trial and summarized in the court’s opinion. “Faulkner replied, ‘Yes, Skillet.’ He then grinned and said, ‘That’s what I hit her with, too.’”
Three days before her murder, Shirley Faulkner called police, saying that Faulkner had punched her in the face while high on cocaine, and held an ashtray over her head as he threatened to kill her.
Faulkner was convicted of first-degree murder by a criminal court jury in 2001 and sentenced to death. His conviction was upheld on appeal, and again by the state Supreme Court in 2005.
He then filed for post-conviction relief, a common but last-ditch effort defendants can use to allege they were not adequately represented or did not get a constitutional trial.
It was during this new phase of investigation and review that it was discovered that, during jury selection, a woman who went on to become jury forewoman did not fully answer attorneys’ direct questions about her experience with domestic violence.
The woman lied on a questionnaire filled out by prospective jurors, then skirted the question again during voir dire. She also failed to disclose her own criminal history, which included a conviction for driving under the influence.
Despite this revelation, Faulkner’s petition for post-conviction relief was denied by the Shelby County Criminal Court in 2012, but he appealed that decision to the Tennessee Court of Criminal Appeals.
That court sided with Faulkner, saying in an opinion handed down Aug. 29 that the juror’s attempt to withhold information appeared deliberate.
“Our system of justice cannot tolerate a trial with a tainted juror regardless of the strength of the evidence against the defendant,” the court wrote, concluding that Faulkner was denied his “right to a jury that was fair and impartial.”
In an emailed statement Faulkner’s post-conviction attorney Daniel Kirsch said, “Mr. Faulkner is very pleased that the Tennessee Court of Criminal Appeals upheld the bedrock principle of the state and federal constitutions and the American judicial system: that a criminal defendant in a jury trial, particularly one in which the defendant’s life is a stake, is entitled to an impartial jury.”
The state has up to 30 days to decide if it will accept the appellate court’s decision and prepare for a new trial, or if it will appeal this decision to the state Supreme Court.
Deputy Dist. Atty. Jennifer Nichols prosecuted the case at trial in 2001, and issued a statement Thursday saying that she was reviewing the opinion and had been in touch with the victim’s family.
“I am prepared to the try the case again,” Nichols said. “I also anticipate filing a notice of intent to seek the death penalty — just as I filed in September of 1999 — if the case is retried.”
http://www.commercialappeal.com/news...nmate_86937944
That woman needs to be arrested. How much is this retrial going to cost the state? People - jurors, witnesses, prosecutors, etc., should be held accountable for deliberate wrongdoing. -Dawn
He’s still alive. His conviction and death sentence was tossed out which is why it’s not listed
https://apps.tn.gov/foil-app/details.jsp
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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