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Thread: Scott James Eizember - Oklahoma Death Row

  1. #1
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    Scott James Eizember - Oklahoma Death Row


    AJ and Patsy Cantrell




    Scott James Eizember


    Summary of Offense:

    On October 18, 2003, Eizember beat to death 76-year-old A.J. Cantrell and fatally shot Patsy Cantrell, 70. Eizember entered their home when the Cantrells were away, but they returned to their home to find Eizember there with a shotgun. Cantrell was beaten with the butt of his own shotgun. Eizember admitted killing Mr. Cantrell, but he denied shooting Mrs. Cantrell. The defense argued that Eizember had a difficult childhood and suffered from depression. Eizember had also been found guilty of shooting with intent to kill his ex-girlfriend’s 16-year-old son, Tyler Montgomery, and had also beaten his ex-girlfriend’s mother, Karla Wright. Defense attorneys argued that Eizember had not planned to kill the Cantrells, but instead went into their home to spy on the home across the street where his ex-girlfriend, Katherine Biggs, was staying. When he fled from the Cantrell’s home, Eizember stole a vehicle and drove to Arkansas where he allegedly kidnapped a doctor and his wife at gunpoint and forced them to drive him to Texas.

    Eizember has been on death row since March 28, 2005.

  2. #2
    Administrator Moh's Avatar
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    On April 10, 2008, Eizember filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/okl...cv00377/69194/

  3. #3
    Administrator Moh's Avatar
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    On December 18, 2013, Eizember's habeas petition was DENIED by US District Court Judge Robin J. Cauthron.

    http://docs.justia.com/cases/federal...00377/69194/44

  4. #4
    Moderator MRBAM's Avatar
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    5 years ?! Sad sad sad.

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    Senior Member CnCP Addict Stro07's Avatar
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    I presume it was stayed pending state level petitions. His case is still moving along quite fast.

  6. #6
    Administrator Moh's Avatar
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    On January 16, 2014, Eizember filed an appeal before the US Court of Appeals for the Tenth Circuit.

    http://dockets.justia.com/docket/cir...s/ca10/14-6012

  7. #7
    Administrator Moh's Avatar
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    On May 5, 2015, oral argument will be heard in Eizember's appeal before the US Court of Appeals for the Tenth Circuit.

    https://www.ca10.uscourts.gov/sites/...y_2015_Cal.pdf

  8. #8
    Senior Member CnCP Legend FFM's Avatar
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    Denial of federal habeas relief affirmed today by the 10th Circuit. Chief Judge Briscoe dissents in part.

    https://www.ca10.uscourts.gov/opinions/14/14-6012.pdf

  9. #9
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    US court upholds Oklahoma death row inmate's sentence

    By Tim Talley
    The Associated Press

    OKLAHOMA CITY — A divided federal appeals court panel upheld the murder convictions and death sentence Tuesday of a 54-year-old man who went on a multistate crime spree in 2003.

    The 10th U.S. Circuit Court of Appeals voted 2-1 to affirm the death sentence of Scott Eizember, who received the punishment after his first-degree murder conviction in the Oct. 18, 2003, bludgeoning death of A.J. Cantrell, 76. Eizember was also found guilty of second-degree murder in the shooting of Patsy Cantrell, 70, for which he received 150 years in prison, as well as a variety of other charges.

    On appeal, Eizember alleged that the trial court allowed two jurors who he alleged were "impermissibly biased in favor of the death penalty," thus "depriving him of trial by an impartial jury and due process in violation of the Sixth and Fourteenth Amendments."

    The court agreed with the Oklahoma Court of Criminal Appeals and a federal district judge in rejecting Eizember's claims.

    Eizember was the focus of an intense manhunt following the shootings in rural Depew but eluded authorities for 37 days. He was discovered that November by a 75-year-old volunteer at a church, but then stole the volunteer's vehicle, which he abandoned near Waldron, Arkansas.

    He was captured later that day outside Lufkin, Texas, after kidnapping an Arkansas physician and his wife, holding them at gunpoint for six hours and forcing them to drive. The physician eventually shot Eizember four times. Eizember was convicted of kidnapping, carjacking and using a firearm in a crime of violence in Arkansas and was sentenced 25 years in federal prison.

    In a 30-page dissenting opinion, Chief Judge Mary Beck Briscoe wrote that she would affirm Eizember's convictions "but reverse his death sentence and remand for resentencing before a fair and impartial jury."

    Eizember's attorney, Mark Henricksen of Oklahoma City, did not immediately return a telephone call seeking comment.

    http://www.houstonchronicle.com/news...-s-6506913.php

  10. #10
    Administrator Moh's Avatar
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    On November 13, 2015, the US Court of Appeals for the Tenth Circuit DENIED Eizember's petition for en banc rehearing.

    http://www.supremecourt.gov/Search.a...es\15-8939.htm

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