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Thread: Jimmy Dean Harris - Oklahoma Death Row

  1. #1
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    Jimmy Dean Harris - Oklahoma Death Row




    Facts of the Crime:

    On September 1, 1999, Harris shot Merle Taylor, 63, twice in the back as Taylor was trying to protect his daughter-in-law and Harris’ ex-wife. Harris was convicted and sentenced to die for killing Taylor, and was sentenced again to death in a re-sentencing trial. Harris was also convicted of beating and shooting his estranged wife, who survived, during a separate altercation. Harris admitted to the shootings.

    Harris has been on death row since November 6, 2001.

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

    http://dockets.justia.com/docket/okl...cv00375/69191/

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    On April 19, 2017, Harris' habeas petition was DENIED in Federal District Court.

    https://docs.justia.com/cases/federa...00375/69191/77

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    Administrator Aaron's Avatar
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    On May 11, 2017, Harris filed an appeal before the U.S. Tenth Circuit Court of Appeals.

    https://dockets.justia.com/docket/ci...s/ca10/17-6109
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  5. #5
    Administrator Moh's Avatar
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    On March 20, 2019, oral argument will be heard in Harris' appeal before the US Court of Appeals for the Tenth Circuit.

    https://www.ca10.uscourts.gov/sites/...h_2019_Cal.pdf

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    Administrator Moh's Avatar
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    Harris' panel will be made up of Judges Tymkovich (G.W. Bush), Bacharach (Obama) and McHugh (Obama).

    https://www.ca10.uscourts.gov/sites/...2019_Final.pdf

  7. #7
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    In today's opinions, the Tenth Circuit GRANTED Harris' habeas petition and REMANDED his case to Federal District Court for an evidentiary hearing on the question of ineffective assistance of counsel.

    https://www.ca10.uscourts.gov/opinions/17/17-6109.pdf

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    Senior Member CnCP Legend Bobsicles's Avatar
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    Distributed for conference June 11, 2020.

    https://www.supremecourt.gov/search....c/19-1105.html
    I believe in the death penalty

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  9. #9
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    In today's orders, the United States Supreme Court declined to review the State of Oklahoma's petition for certiorari.

    Lower Ct: United States Court of Appeals for the Tenth Circuit
    Case Numbers: (17-6109)
    Decision Date: October 28, 2019
    Rehearing Denied: December 24, 2019

    https://www.supremecourt.gov/search....c/19-1105.html

  10. #10
    Administrator Heidi's Avatar
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    High court agrees Oklahoma death row inmate entitled to new hearing

    The U.S. Supreme Court confirmed on Monday that Oklahoma death row inmate Jimmy Dean Harris should get a hearing before a federal judge in Oklahoma City on whether his attorney provided ineffective assistance.

    The high court, without comment, upheld a decision by the 10th U.S. Circuit Court of Appeals allowing Harris to present evidence on whether his attorney should have sought a pre-trial hearing on whether Harris was intellectually disabled.

    The Oklahoma attorney generals office asked the Supreme Court to reverse the 10th Circuit decision, arguing that the Oklahoma Court of Criminal Appeals had ruled the weight of the evidence showed Harris was not intellectually disabled.

    The attorney generals office said 3 expert witnesses had testified at Harris trial that he was not intellectually disabled and that one dissenting witness had been discredited.

    Harris, now 63, has been tried twice, and given the death penalty twice, for killing Merle Taylor in 1999 at a transmission shop in Okahoma City. Harris shot Taylor twice; he also shot his ex-wife, who worked at the transmission shop, and pistol-whipped her when he ran out of bullets.

    His first conviction, in 2001, was thrown out because of an error by the trial judge in responding to a question from the jury. His second conviction and death sentence came in 2005.

    The 10th Circuit court ruled in October that Harris attorney should have asked for a pre-trial hearing in 2005 on whether Harris was intellectually disabled and thus ineligible for the death penalty under U.S. Supreme Court precedent.

    The appeals court said if the judge or jury found no intellectual disability, the defense would have lost nothing. But if either the judge or jury found an intellectual disability, the death penalty would have vanished as a possibility. Defense counsel thus had a risk-free opportunity to avoid the death penalty.

    (source: The Oklahoman)
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