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Thread: Donald Ray Middlebrooks - Tennessee Death Row

  1. #11
    aclay
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    Good, I hope he is executed next year.

  2. #12
    Moderator Bobsicles's Avatar
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    If the cancer ends Charles Wright first, they should schedule Middlebrooks in his place

  3. #13
    Senior Member CnCP Legend Mike's Avatar
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    State Attorney General Seeks Execution Dates for Nine Death Row Prisoners

    By Steven Hale
    Nashville Scene

    Tennessee Attorney General Herbert Slatery is asking the Tennessee Supreme Court to set execution dates for nine more men, including the four remaining death row prisoners from Nashville.

    The request for more execution dates came without warning. Slatery’s office filed motions asking for the dates on Sept. 20 — the same day the AG announced he would challenge Nashville Criminal Court Judge Monte Watkins’ decision to vacate the death sentence of Abu-Ali Abdur’Rahman at the request of Nashville District Attorney Glenn Funk. Slatery took aim at Watkins and Funk — both of whom are elected officials — in a press release announcing the legal challenge, calling the decision to drop

    Abdur’Rahman’s death sentence “unlawful” and “unprecedented.” Funk said he stands by his position, while Abdur’Rahman’s attorney Bradley MacLean called the AG’s move “unprecedented” and said the state is “bound” by Watkins’ order.

    The AG can seek execution dates for a death row prisoner once the prisoner has exhausted the three-tier appeals process. The state Supreme Court decides when the executions will take place. In February 2018, Slatery sought a slew of execution dates and asked for them to be scheduled in quick succession, citing concerns about the state’s ability to carry out lethal injections beyond June of that year. The state Supreme Court ultimately blocked the AG’s request for the rush of executions.

    Excluding Abdur’Rahman — whose execution had been scheduled for April 16, 2020 — there are two more men scheduled to be executed in the coming months: Lee Hall on Dec. 5 and Nicholas Sutton on Feb. 20.

    The men for whom the AG is seeking execution dates are below:

    Donald Middlebrooks (Davidson County), who was convicted for the 1987 murder of Kerrick Majors.

    Like the five men who have been executed since August 2018, many of the men above have a history of severe mental illness.

    The Scene received this response from Assistant Federal Public Defender Kelley Henry:

    We learned of the request for mass executions late yesterday after receiving the requests in the mail. Seven of the nine are represented by my office. All of the remaining Davidson county cases are included in the request. We were surprised by the request for mass executions. Each case is unique and represents a number of fundamental constitutional problems including innocence, racism, and severe mental illness. We will oppose the appointed Attorney General’s request.

    https://www.nashvillescene.com/news/...-row-prisoners
    Last edited by Mike; 09-24-2019 at 09:31 AM.
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  4. #14
    Moderator Bobsicles's Avatar
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    On April 23, 2020, Middlebrooks filed an appeal to the United States Court of Appeals for the Sixth Circuit.

    https://dockets.justia.com/docket/ci...ts/ca6/20-5419
    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

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  5. #15
    Moderator Bobsicles's Avatar
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    The Sixth Circuit has affirmed the district court’s dismissal of Middlebrooks’s as-applied claim, reversed the dismissal of Middlebrooks’s facial claim, and remanded to the Middle District Court of Tennessee for further proceedings

    https://law.justia.com/cases/federal...021-10-15.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

  6. #16
    Administrator Moh's Avatar
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    The panel was made up of Judges Moore (Clinton), Clay (Clinton) and White (G.W. Bush).

  7. #17
    Moderator Bobsicles's Avatar
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    En banc rehearing denied by the Sixth Circuit.

    https://law.justia.com/cases/federal...022-01-13.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

  8. #18
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    Middlebrooks has an execution date set for December 8, 2022.

    https://www.tncourts.gov/sites/defau..._execution.pdf

  9. #19
    Senior Member CnCP Legend Mike's Avatar
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    Gov. Lee Calls for Independent Review Following Smith Reprieve

    Today, Tennessee Governor Bill Lee announced plans to launch a third-party review of a lethal injection testing oversight that resulted in a temporary reprieve for death row inmate Oscar Franklin Smith.

    “I review each death penalty case and believe it is an appropriate punishment for heinous crimes,” said Lee. “However, the death penalty is an extremely serious matter, and I expect the Tennessee Department of Correction to leave no question that procedures are correctly followed.”

    Both the United States Supreme Court and Lee declined to intervene on the merits of Smith’s case, but questions surrounding lethal injection testing preparation for the April 21 execution resulted in a temporary reprieve by the governor.

    Tennessee will retain former U.S. Attorney Ed Stanton to conduct an independent review of the following:

    · Circumstances that led to testing the lethal injection chemicals for only potency and sterility but not endotoxins preparing for the April 21 execution

    · Clarity of the lethal injection process manual that was last updated in 2018, and adherence to testing policies since the update

    · TDOC staffing considerations

    “An investigation by a respected third-party will ensure any operational failures at TDOC are thoroughly addressed,” said Lee. “We will pause scheduled executions through the end of 2022 in order to allow for the review and corrective action to be put in place.”

    Since 2019, three of four executions have been carried out by electric chair. Death row inmates may choose to be executed by electric chair rather than lethal injection, and lethal injection is the default execution method in Tennessee. The April 21 execution was set to be the first execution since February 2020 due to disruptions caused by COVID-19. This execution was one of five executions scheduled to take place this year. The Tennessee Supreme Court will determine rescheduled dates for the 2022 executions.

    https://www.tn.gov/governor/news/202...-reprieve.html
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

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