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Thread: Johnny Wayne Hyde - North Carolina Death Row

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    Johnny Wayne Hyde - North Carolina Death Row




    Summary of Offense:

    On the evening of August 1, 1996, Johnny Wayne Hyde, James Blake, and Joel Coleman were drinking at a shed near Hyde’s house. Blake and Coleman decided to break into Leslie Howard’s mobile home to steal drugs, and Hyde agreed to help. They gathered assorted tools and weapons from Hyde’s shed, walked to the mobile home, pried the door open, and entered. After walking down a hallway to the bedroom, they encountered Howard sitting up in bed. Howard lunged at Hyde, and Hyde stabbed Howard several times with a knife. Howard fell to his knees, either Blake or Coleman hit him with a pipe in the back of his head, and Hyde stabbed him several times in the back and in the side with a drill bit.

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    Fourth Circuit affirms denial of habeas relief to North Carolina death row inmate

    On June 30, 2008, in an unpublished opinion, the Fourth Circuit (per curiam - Wilkinson, Niemeyer and Motz) affirmed the denial of Johnny Wayne Hyde’s habeas petition. Hyde v. Branker, 2008 WL 2611363 (4th Cir. June 30, 2008). The panel concluded Hyde was not entitled to relief on any of the seven claims for which it had previously issued a COA: (1) confession should have been suppressed because it was involuntary and waiver of Miranda rights was not knowing and intelligent; (2) unconstitutional excusal of jurors with religious scruples during hardship questioning; (3) trial court impermissibly restricted defense questions during voir dire; (4) insufficient evidence supported the jury’s finding of the avoid arrest aggravating circumstance; (5) trial court erred in failing to intervene when the prosecutor improperly asked the jury to consider an aggravating factor not recognized under state law; (6) death sentence was arbitrary under Furman because the instructions allowed the jurors to accord no weight to statutory mitigating circumstances; and (7) ineffective assistance of counsel for failing to present a voluntary intoxication defense at the guilt phase and for failing to prepare expert witnesses regarding intoxication at the sentencing phase.

    http://www.capdefnet.org/hat/wag.asp

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    On January 26, 2009, the US Supreme Court denied Hyde's certiorari petition.

    Lower Ct: United States Court of Appeals for the Fourth Circuit
    Case Nos.: (08-1)
    Decision Date: June 30, 2008
    Rehearing Denied: July 25, 2008

    http://www.supremecourt.gov/Search.a...es/08-7536.htm

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