Results 1 to 7 of 7

Thread: Jason Wayne Hurst - North Carolina Death Row

  1. #1
    Guest
    Join Date
    Oct 2010
    Posts
    5,534

    Jason Wayne Hurst - North Carolina Death Row




    Facts of the Crime:

    On June 9, 2002, Hurst needed money and a car to go see his pregnant ex-girlfriend. He lured victim Daniel Branch to a field on the pretext of test-firing a shotgun Hurst claimed he might buy. Hurst then shot Branch in the abdomen with the shotgun, then in the side as Branch was trying to flee, and then in the face as Branch was lying on his back. Hurst stole Branch’s car.

    Hurst confessed to the crime, and his lawyers admitted at trial that he committed the murder. But they argued that due to a mental defect (borderline personality disorder) he shot Branch during a transient disassociative episode when he was so fixated on going to see his ex-girlfriend that he did not think of alternatives; thus, he did not have sufficient capacity to formulate the premeditation necessary for first-degree murder, and should only be convicted of second-degree murder. During the penalty phase the defense renewed its claim of mental incapacity, pointing out that in his confession Hurst seemed unable to explain why he had killed Branch. The defense also offered evidence of Hurst’s troubled childhood, and his drinking and drug usage.

  2. #2
    Administrator Moh's Avatar
    Join Date
    Oct 2010
    Location
    Germany
    Posts
    13,014
    On September 20, 2010, Hurst filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/nor...cv00725/54921/

  3. #3
    Administrator Moh's Avatar
    Join Date
    Oct 2010
    Location
    Germany
    Posts
    13,014
    On September 7, 2012, a US Magistrate recommended that North Carolina be granted summary judgment and that Hurst's habeas petition be denied.

    http://docs.justia.com/cases/federal...0725/54921/53/

  4. #4
    Administrator Moh's Avatar
    Join Date
    Oct 2010
    Location
    Germany
    Posts
    13,014
    On March 31, 2013, Hurst's habeas petition was DENIED by US District Court Judge Thomas D. Schroeder.

    http://docs.justia.com/cases/federal...0725/54921/67/

    On May 2, 2013, Hurst filed an appeal before the US Fourth Circuit Court of Appeals.

    http://dockets.justia.com/docket/cir...urts/ca4/13-6/

  5. #5
    Administrator Moh's Avatar
    Join Date
    Oct 2010
    Location
    Germany
    Posts
    13,014
    On January 29, 2014, the US Court of Appeals for the Fourth Circuit will hear oral argument in Hurst's appeal of the denial of his habeas petition in Federal District Court.

    http://pacer.ca4.uscourts.gov/calendar/01282014.htm

  6. #6
    Administrator Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    33,217
    Jason Hurst v. Carlton Joyner

    In today's opinions the Fourth Circuit Court of Appeals REVERSED the district court's DENIAL of Hurst's petition for a writ of habeas corpus under 28 U.S.C. § 2254, alleging that his Sixth Amendment rights to an impartial jury and to be confronted with the witnesses against him were violated by an extraneous communication between a juror and her father during the penalty phase of his capital murder trial, and REMANDED the case for an evidentiary hearing to determine whether the extraneous communication had a substantial and injurious effect or influence on the jury’s verdict.

    Before TRAXLER, Chief Judge, and NIEMEYER and SHEDD, Circuit Judges. Reversed and remanded by published opinion. Chief Judge Traxler wrote the opinion, in which Judge Niemeyer and Judge Shedd joined. Judge Shedd wrote a separate concurring opinion, in which Judge Niemeyer joined.

    Traxler - Appointed by Bill Clinton

    Niemeyer - Appointed by George H. W. Bush

    Shedd - Appointed by George W. Bush
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  7. #7
    Administrator Moh's Avatar
    Join Date
    Oct 2010
    Location
    Germany
    Posts
    13,014
    In today's orders, the United States Supreme Court DENIED the State of North Carolina's certiorari petition. Justices Thomas and Alito dissented.

    http://www.supremecourt.gov/orders/c...15zor_4g25.pdf

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •