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Thread: Michael DeWayne Smith - Oklahoma Death Row

  1. #1
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    Michael DeWayne Smith - Oklahoma Death Row





    Facts of the Crime:

    Michael DeWayne Smith, was a member of the Oak Grove Posse, a subset of the Crips gang in Oklahoma City. On November 8, 2000, three members of the Oak Grove Posse attempted to rob Tran’s Food Mart in south Oklahoma City. The three robbers were Teron “T-Nok” Armstrong, Kenneth “Peanut” Kinchion, and Dewayne “Pudgy-O” Shirley. During the course of the robbery attempt, the owner of the store shot and killed Armstrong. Kinchion and Shirley were eventually arrested. Smith was not involved in the attempted robbery but had close personal ties to Armstrong.

    On Friday, February 22, 2002, two days before the trial of Kinchion and Shirley was scheduled to start, Smith left his apartment in the Del Mar Apartments in Oklahoma City early in the morning. His roommate, Marcus Berry (also known as Marcus Compton), saw Smith take a .357 caliber revolver with him. Smith went first to Janet Moore’s apartment looking for her son Phillip Zachary who he believed was a police informant. Smith had earlier told Berry that “snitches need to be dead.”

    The evidence supports the conclusion that Smith arrived at Moore’s apartment sometime before 6:30 a.m. Shoe prints indicated that Smith kicked in her front door and then her bedroom door. Moore began screaming, and, at approximately 6:30 a.m., a downstairs neighbor heard arguing between a man and a woman and then a single “pop” followed by footsteps.

    Later that morning around 7:30 a.m. Smith arrived at A-Z Mart, a convenience store approximately fifteen miles from the Del Mar Apartments. A-Z Mart was immediately next door to Tran’s Food Mart, the site of the earlier robbery attempt where Armstrong had been killed. The clerk on duty that morning at A-Z Mart was Sarath “Babu” Pulluru. Pulluru was filling in for the store owner who was taking the day off. Smith told detectives that he emptied two pistols into Pulluru, took some money, and used bottles of Ronsonol lighter fluid to start fires in the store. Smith said he set fire to the cash register, Pulluru’s body, and a back room in order to destroy evidence. Shoeprints at the scene tracked Pulluru’s blood from the cash register area, where his body was found, down the aisle to where the Ronsonol lighter fluid was displayed for sale. The bloody shoe prints at the A-Z Mart were similar to the shoe prints found at Moore’s apartment.

    Smith has been on death row since October 21, 2003.

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    Oklahoma Court of Criminal Appeals rejects appeal of death row inmate Michael Dewayne Smith

    The Oklahoma Court of Criminal Appeals has rejected death row inmate Michael Dewayne Smith's request to set aside his death sentence for the murders of 2 people.

    The court turned down Smith's appeal in a ruling handed down on Friday.

    The 28-year-old Smith was convicted of 2 counts of 1st-degree murder and sentenced to death for the Feb. 22, 2002, murders of 40-year-old Janet Moore and 24-year-old Sarath "Babu" Pulluru.

    At his 2003 trial, prosecutors said Moore's 26-year-old son was Smith's intended target when he burst into Moore's Oklahoma City apartment with a .357 semiautomatic handgun in each hand.

    The same day, prosecutors said Smith killed Pulluru at a grocery store while intending to shoot a different store worker.

    (Source: The Associated Press)

    Opinion is here:

    http://www.oscn.net/applications/osc...?citeid=461417

  3. #3
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    On March 18, 2009, Smith filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/okl...cv00293/72524/

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    Oklahoma court rejects death row appeal

    OKLAHOMA CITY - The Oklahoma Court of Criminal Appeals has rejected death row inmate Michael Dewayne Smith's request to set aside his death sentence for the murders of two people.

    The court turned down Smith's appeal in a ruling handed down on Friday.

    The 28-year-old Smith was convicted of two counts of first-degree murder and sentenced to death for the Feb. 22, 2002, murders of 40-year-old Janet Moore and 24-year-old Sarath "Babu" Pulluru.

    At his 2003 trial, prosecutors said Moore's 26-year-old son was Smith's intended target when he burst into Moore's Oklahoma City apartment with a .357 semiautomatic handgun in each hand.

    The same day, prosecutors said Smith killed Pulluru at a grocery store while intending to shoot a different store worker.

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    No murder can be so cruel that there are not still useful imbeciles who do gloss over the murderer and apologize.

  5. #5
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    On September 16, 2014, Smith's habeas petition was DENIED in Federal District Court.

    http://docs.justia.com/cases/federal...00293/72524/67

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    On October 16, 2014, Smith filed an appeal before the US Court of Appeals for the Tenth Circuit.

    http://dockets.justia.com/docket/cir...s/ca10/14-6201

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    On March 9, 2016, oral argument will be heard in Smith's appeal before the Tenth Circuit.

    https://www.ca10.uscourts.gov/sites/...h_2016_CAL.pdf

  8. #8
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    On June 6, 2016, the Tenth Circuit DENIED Smith's appeal. The panel was made up of Judges Briscoe (Clinton), Holmes (G.W. Bush) and McHugh (Obama).

    http://law.justia.com/cases/federal/...016-06-06.html

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    On August 1, 2016, the Tenth Circuit DENIED Smith's petition for en banc rehearing.

    https://www.supremecourt.gov/search....es/16-7393.htm
    Don't ask questions, just consume product and then get excited for next products.

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

    Lower Ct: United States Court of Appeals for the Tenth Circuit
    Case Nos.: (14-6201)
    Decision Date: June 6, 2016
    Rehearing Denied: August 1, 2016

    Appeals exhausted. Ruling could result in execution date.
    Don't ask questions, just consume product and then get excited for next products.

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