Summary of Offense:
Convicted and sentenced to death in the murder of Olimpia Cardina Fisher shot twice in the face on May 31, 2003.
Cuesta-Rodriguez has been on death row since August 25, 2007.
Summary of Offense:
Convicted and sentenced to death in the murder of Olimpia Cardina Fisher shot twice in the face on May 31, 2003.
Cuesta-Rodriguez has been on death row since August 25, 2007.
Opinion here
Oklahoma court rejects appeal by convicted killer
A state appeals court has rejected an appeal by a Cuban immigrant sentenced to die for the 2003 shooting death of his common-law wife.
The Oklahoma Court of Criminal Appeals on Monday rejected the request for a new trial by 54-year-old Carlos Cuesta-Rodriguez.
Cuesta-Rodriguez had argued his death sentence should be thrown out because his attorneys failed to locate a witness who could have testified to his troubled childhood in Cuba. He also argued he should not be sentenced to death because he was mentally ill.
Prosecutors contend Cuesta-Rodriguez shot 47-year-old Olimpia Cardina Fisher in the eye at their southwest Oklahoma City home, then waited about eight minutes before firing the fatal shot into the other eye.
A telephone message left with Cuesta-Rodriguez's public defender was not immediately returned.
http://newsok.com/oklahoma-court-rej...rticle/3536972
In Monday's (October 3, 2011) United States Supreme Court orders, Cuesta-Rodriguez's petition for a writ of certiorari and motion for leave to proceed in forma pauperis was DENIED.
On October 11, 2011, Cuesta-Rodriguez filed a habeas petition in Federal District Court.
http://dockets.justia.com/docket/okl...cv01142/81889/
On September 29, 2016, Cuesta-Rodriguez's habeas petition was DENIED in Federal District Court.
https://docs.justia.com/cases/federa...01142/81889/41
On October 31, 2016, Cuesta-Rodriguez filed an appeal before the U.S. Tenth Circuit Court of Appeals.
https://dockets.justia.com/docket/ci...s/ca10/16-6315
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On May 17, 2018, oral argument will be heard in Cuesta-Rodriguez's appeal before the Tenth Circuit.
https://www.ca10.uscourts.gov/sites/...2018_Cal_0.pdf
Cuesta-Rodriguez's panel will be made up of Judges Tymkovich (G.W. Bush), Holmes (G.W. Bush) and Phillips (Obama).
https://www.ca10.uscourts.gov/sites/...18_Final_0.pdf
In today's opinions, the Tenth Circuit DENIED Cuesta-Rodriguez's appeal.
https://www.ca10.uscourts.gov/opinions/16/16-6315.pdf
On April 19, 2019, the Tenth Circuit denied Cuesta-Rodriguez's petition for en banc rehearing.
https://www.supremecourt.gov/DocketP...Time%20CCR.pdf
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