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Thread: Jemaine Monteil Cannon - Oklahoma Death Row

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    Jemaine Monteil Cannon - Oklahoma Death Row




    Facts of the Crime:

    He stabbed Sharonda White Clark to death in 1995 in her Tulsa apartment. He was convicted in 1996. Cannon had made a phone call to a police detective claiming that he was defending himself when Clark was killed. He had been sentenced in 1991 to a 15-year sentence for shattering a woman's skull during an attack. While serving that sentence, he fled from a minimum-security work center in southwestern Oklahoma, and two weeks later Clark was found dead.

    Cannon has been on death row since April 11, 1996.

  2. #2
    Administrator Moh's Avatar
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    February 27, 2007

    Death sentence affirmed

    By Bill Braun
    The Tulsa World

    A state appeals court has affirmed a death sentence for a man who was convicted of murdering a Tulsa woman after he had escaped while serving a prison term for shattering another person's skull.

    A Tulsa jury found Jemaine Cannon guilty in 1996 of first-degree murder in the February 1995 stabbing of Sharonda White Clark at her Tulsa apartment.

    By a 5-0 vote, the Court of Criminal Appeals recently upheld the death penalty imposed at a trial in District Judge Clifford Hopper's court.

    Clark, a 20-year-old mother of two, sustained multiple injuries that included three stab wounds in the neck. One severed a carotid artery, and another -- 5 inches deep -- cut a jugular vein, evidence indicated.

    Jurors heard a tape recording of Cannon's phone call to a police detective, in which Cannon claimed that he defended himself after Clark -- whom he knew -- attacked him.

    Cannon, of Tulsa, was sentenced in 1991 to 15 years in prison upon pleading no contest to assault and battery with an intent to kill in a case where evidence indicated that he attacked an 18-year-old woman with a toaster oven, a hammer and an iron, shattered her skull, and choked her into unconsciousness.

    On Jan. 13, 1995, Cannon fled a minimum-security Department of Corrections work center in southwest Oklahoma. A truck missing from that site was found abandoned in Tulsa on Jan. 19, and two weeks later Clark was found dead.

    In a 34-page opinion, the appeals court said there is sufficient evidence to support all four "aggravating circumstances" -- three more than needed by law -- found to justify a death sentence. Jurors determined that Cannon is a continuing threat to society, had a prior conviction for a violent felony, and committed an "especially heinous, atrocious and cruel" murder while serving a prison sentence.

    http://www.tulsaworld.com/article.as...13_ne_a17death

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    Tulsa killer's 1996 death sentence is affirmed

    By Bill Braun
    The Tulsa World

    A federal judge has left intact a death sentence for a man who was convicted of murdering a woman in her Tulsa apartment while he was a prison escapee more than 18 years ago.

    U.S. Senior District Judge Terence Kern, affirming the findings of U.S. Magistrate Paul Cleary, found that Jemaine Cannon's claims of ineffective assistance of counsel on both the trial and appellate levels were without merit.

    With the death sentence still in place, Cannon can now appeal the matter to the 10th U.S. Circuit Court of Appeals.

    Tulsa County jurors found Cannon guilty in 1996 of first-degree murder and sentenced him to death for the 1995 stabbing of Sharonda White Clark.

    Clark, a 20-year-old mother of two, suffered multiple injuries that included three stab wounds in the neck. One severed her carotid artery, and another - 5 inches deep - cut her jugular vein.

    Clark was found dead Feb. 5, 1995, at her apartment in the 6200 block of East 36th Street.

    In 1998, the Oklahoma Court of Criminal Appeals affirmed the murder conviction and death penalty, and Cannon appealed in federal court.

    The Denver-based 10th Circuit sent the case to U.S. District Court for the Northern District of Oklahoma to decide whether Cannon was entitled to relief based on a claim that his trial counsel was ineffective and had denied him the right to testify in his own defense.

    In a 52-page document filed in January, Cleary recommended that Cannon, now 41, be denied relief and concluded that Cannon did not show that the work of his defense lawyers was deficient.

    Cleary's report was submitted to Kern, who accepted Cleary's recommendation, according to an order by Kern dated Tuesday.

    At the murder trial, jurors heard a tape recording of Cannon's phone call to a police detective, in which Cannon claimed that he defended himself after Clark - whom he knew - attacked him.

    In another case, Cannon, of Tulsa, was sentenced in 1991 to 15 years in prison upon pleading no contest to assault and battery with an intent to kill.

    In that case, an 18-year-old woman was attacked with a toaster oven, a hammer and an iron. Her skull was shattered, and she was choked into unconsciousness.

    On Jan. 13, 1995, Cannon fled a minimum-security Department of Corrections work center in southwestern Oklahoma. A truck missing from that site was later found abandoned in Tulsa.

    http://www.tulsaworld.com/article.as...0_cutlin336575

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    On May 29, 2013, Cannon filed an appeal in the US Court of Appeals for the Tenth Circuit over the denial of his habeas petition in Federal District Court.

    http://dockets.justia.com/docket/cir.../ca10/13-5071/

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    In today's opinions, the Tenth Circuit DENIED Cannon's appeal.

    https://www.ca10.uscourts.gov/opinions/13/13-5071.pdf

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    On November 24, 2015, the Tenth Circuit DENIED Cannon's petition for en banc rehearing.

    http://www.supremecourt.gov/search.a...es/15-9058.htm

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    In today's orders, the United States Supreme Court declined to review Cannon's petition for certiorari.

    Lower Ct: United States Court of Appeals for the Tenth Circuit
    Case Nos.: (13-5071)
    Decision Date: August 11, 2015
    Rehearing Denied: November 24, 2015

    Appeals exhausted. Decision could result in an execution date.

    http://www.supremecourt.gov/search.a...es/15-9058.htm

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    Oklahoma death row inmate is now eighth eligible for execution date

    WASHINGTON — Jemaine Monteil Cannon, who killed his girlfriend in Tulsa in 1995, became the eighth Oklahoma death row inmate eligible for an execution date on Monday after the U.S. Supreme Court declined to review his case.

    Cannon, 44, was convicted of first-degree murder in 1996 for stabbing Sharonda Clark to death. At the time of the killing, he was an escapee from custody on an unrelated assault conviction.

    The 10th U.S. Circuit Court of Appeals last year rejected Cannon's arguments that his public defenders had failed to give him effective representation, in part because they did not investigate properly his claims that witnesses at his trial had interacted with jurors.

    Cannon appealed to the U.S. Supreme Court, but justices, without comment, declined to hear the appeal. Cannon has now exhausted his appeals and is eligible for an execution date.

    The state has not executed an inmate since January 2015, and it is not known when executions will resume. It now appears likely it will be 2017 at the earliest.

    Oklahoma Attorney General Scott Pruitt, whose job it is to seek execution dates, has told the Oklahoma Court of Criminal Appeals that it would be inappropriate to do so until the Oklahoma Corrections Department considers recommendations made by the state grand jury about the lethal injection process.

    Pruitt does not plan to seek an execution date until at least 150 days after any protocol charges are made.

    The investigation of the state's lethal injection protocol was prompted by the discovery that a pharmacy had delivered the wrong drugs for the Sept. 30 execution of Richard Glossip.

    Before that, the constitutionality of the state's lethal injection protocol had gone all the way to the U.S. Supreme Court and was narrowly upheld. The challenge stemmed from the trouble-plagued execution in 2013 of Clayton Lockett.

    http://m.newsok.com/oklahoma-death-r...rticle/5506788
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    U.S. Supreme Court deems half of Oklahoma a Native American reservation

    By Lawrence Hurley
    Reuters

    The U.S. Supreme Court on Thursday recognized about half of Oklahoma as Native American reservation land and overturned a tribe member’s rape conviction because the location where the crime was committed should have been considered outside the reach of state criminal law.

    The justices ruled 5-4 in favor of a man named Jimcy McGirt and agreed that the site of the rape should have been recognized as part of a reservation based on the historical claim of the Muscogee (Creek) Nation - beyond the jurisdiction of state authorities. Conservative Justice Neil Gorsuch joined the court’s four liberals in the majority.

    The ruling means that for the first time much of eastern Oklahoma is legally considered reservation land. More than 1.8 million people live in the land at issue, including roughly 400,000 in Tulsa, Oklahoma’s second-largest city.

    Tribe members who live within the boundaries are now set to become exempt from certain state obligations such as paying state taxes, while certain Native Americans found guilty in state courts may be able to challenge their convictions on jurisdictional grounds.

    The tribe also may obtain more power to regulate alcohol sales and expand casino gambling.

    The ruling could affect the other four of the “Five Tribes” in Oklahoma: the Cherokee, Chickasaw, Choctaw and Seminole tribes.

    The ruling voided McGirt’s sentence of 1,000 years in prison but he could face a new trial in federal court rather than state court.

    Under U.S. law, tribe members who commit crimes on tribal land cannot be prosecuted in state courts and instead are subject to federal prosecution, which sometimes can be beneficial to defendants. Reservations were established beginning in the 19th century after U.S. authorities expelled Native Americans from their traditional lands.

    McGirt, 71, has served more than two decades in prison after being convicted in 1997 in Wagoner County in eastern Oklahoma of rape, lewd molestation and forcible sodomy of a 4-year-old girl. McGirt, who did not contest his guilt in the case before the justices, had appealed a 2019 ruling by a state appeals court in favor of Oklahoma.

    McGirt is a member of the Seminole Nation. The crime occurred on land historically claimed by the Creek Nation.

    At issue was whether the Muscogee (Creek) Nation territory where the crime was committed should be considered a Native American reservation or whether Congress eliminated that status around the time Oklahoma became a state in 1907.

    Oklahoma argued that the Creek Nation never had a reservation. But even if one existed, the state and President Donald Trump’s administration argued it long ago was eliminated by Congress.

    The justices weighed a complex historical record that started with the forced relocation by the U.S. government of Native Americans, including the Creek Nation, to Oklahoma in a traumatic 19th century event known as the “trail of tears.”

    A reservation is land managed by a tribe under the federal Bureau of Indian Affairs and generally exempt from state jurisdiction including taxation.

    https://www.reuters.com/article/us-u...-idUSKBN24A268
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    Is Cannon an Indian?

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