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Thread: Grady Brinkley - Ohio Death Row

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    Grady Brinkley - Ohio Death Row


    Shantae Smith




    Facts of the Crime:

    On January 7, 2000, Brinkley murdered his former girlfriend, 18-year-old Shantae Smith, in her Toledo apartment. While in county jail for the robbery of a local diner, Brinkley learned that Smith was dating someone else. Brinkley beat Smith, attempted to strangle her, and then cut her throat, killing her. Brinkley then stole Smith's ATM card and winter coat and fled to Chicago. The FBI arrested Brinkley at his mother's residence in Chicago.

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    Administrator Moh's Avatar
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    On January 17, 2006, Brinkley filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/ohi...v00110/132580/

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    Administrator Moh's Avatar
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    On December 5, 2011, Brinkley's habeas petition was DENIED in Federal District Court.

    http://docs.justia.com/cases/federal...10/132580/137/

    On January 5, 2012, Brinkley filed an appeal in the US Sixth Circuit Court of Appeals.

    http://dockets.justia.com/docket/cir...s/ca6/12-3011/

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    Federal judge rejects death-row inmates' challenge to Ohio's execution secrecy rules

    A federal judge has thrown out a lawsuit by four death-row inmates challenging the constitutionality of Ohio's new execution secrecy rules.

    The suit argued that the new law, which shields the identities of most participants in Ohio's execution process, violates the condemned inmates' rights to free speech and due process.

    U.S. District Judge Gregory Frost dismissed the case on Tuesday, agreeing with the state's arguments that the rules would not infringe on free speech and the plaintiffs' case is "based on conjectural or hypothetical" injuries.

    "H.B. 663 does not suppress speech or the ability to oppose the death penalty," Frost wrote in his opinion.

    "Rather," Frost stated, "the statutory scheme simply cuts off Ohio and its employees as a source of specific information for both proponents and opponents of the death penalty.

    Under the new law, House Bill 663, Ohio must keep secret the names of people involved with executions, other than top officials. The law also protects the identity of small-scale drug manufacturers called compounding pharmacies if they make lethal-injection drugs for the state.

    Proponents of the rules, signed into law by Gov. John Kasich in December, say they are needed to protect individuals involved with Ohio executions from harassment and potential harm.

    The lawsuit was filed on behalf of death-row inmates Ronald Phillips, Raymond Tibbetts, Robert Van Hook and Grady Brinkley. The first three are scheduled to be executed next year; Brinkley's execution date has not yet been set.

    http://www.cleveland.com/open/index....ts_death-.html
    An uninformed opponent is a dangerous opponent.

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    Administrator Moh's Avatar
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    On January 13, 2016, oral argument will be heard in Brinkley's appeal before the Sixth Circuit. The panel will be made up of Judges Cole (Clinton), Rogers (G.W. Bush) and Kethledge (G.W. Bush).

    http://www.ca6.uscourts.gov/calendar...112016_arg.pdf

  6. #6
    Administrator Moh's Avatar
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    On July 25, 2016, the Sixth Circuit DENIED Brinkley's appeal.

    http://www.opn.ca6.uscourts.gov/opin...6a0173p-06.pdf

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    Administrator Aaron's Avatar
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    On September 16, 2016, the Sixth Circuit DENIED Brinkley's petition for en banc rehearing.

    http://www.supremecourt.gov/Search.a...es\16-7984.htm
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

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    Administrator Aaron's Avatar
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    From the USSC website:

    No. 16-7984 *** CAPITAL CASE ***
    Title: Grady Brinkley, Petitioner
    v.
    Ed Sheldon, Warden
    Docketed: February 16, 2017
    Linked with 16A550
    Lower ct: United States Court of Appeals for the Sixth Circuit
    Case Nos.: (12-3011)
    Decision date: July 25, 2016
    Rehearing denied: September 16, 2016

    ~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
    Dec 2 2016 Application (16A550) to extend the time to file a petition for a writ of certiorari from December 15, 2016 to February 13, 2017, submitted to Justice Kagan.
    Dec 6 2016 Application (16A550) granted by Justice Kagan extending the time to file until February 13, 2017.
    Feb 13 2017 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 20, 2017)
    Mar 20 2017 Order extending time to file response to petition to and including April 19, 2017.
    Apr 12 2017 Brief of respondent Ed Sheldon, Warden in opposition filed.
    Apr 26 2017 DISTRIBUTED for Conference of May 11, 2017.

    https://www.supremecourt.gov/search....es/16-7984.htm
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  9. #9
    Administrator Aaron's Avatar
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    In today's orders, the United States Supreme Court declined to review Brinkley's petition for certiorari.

    Lower Ct: United States Court of Appeals for the Sixth Circuit
    Case Nos.: (12-3011)
    Decision date: July 25, 2016
    Rehearing denied: September 16, 2016

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

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

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