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Thread: Jeronique D. Cunningham - Ohio Death Row

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    Jeronique D. Cunningham - Ohio Death Row


    Jala Grant


    Stuffed animals and flowers are left in memory of two people who were killed and six injured.




    Summary of Offense:

    On January 3, 2002, Cunningham and his half-brother, Cleveland Jackson, murdered three-year-old Jala Grant and 17-year-old Leneshia Williams at a home in Lima. Jala, Leneshia and six other people were at the house of a man, whom Cunningham and Jackson planned to rob of his crack cocaine and money. After stealing drugs, money and jewelry, Cunningham and Jackson opened fire on everyone in the house, fatally shooting Jala twice in the head as her father held her in his arms and fatally shooting Leneshia in the back of the head. Cunningham and Jackson were also convicted for the attempted murders of the survivors each of whom suffered gunshot injuries. Jackson also received a death sentence.

    For more on Jackson, see: http://www.cncpunishment.com/forums/...Ohio-Death-Row

  2. #2
    Administrator Moh's Avatar
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    On January 4, 2011, Cunningham filed an appeal in the US Sixth Circuit Court of Appeals over the denial of his habeas petition in Federal District Court.

    http://dockets.justia.com/docket/cir...s/ca6/11-3005/

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    Lima death penalty case argued in appellate court

    The death penalty case for a man convicted in the 2002 double murder of two girls and the attempted execution of six others was argued Wednesday in the last court that has to hear the case.

    This could be Jeronique Cunningham’s last chance to have his case heard by an appellate court. His case was argued before the 6th Circuit Court of Appeals in Cincinnati.

    Cunningham, now 40, is on Ohio’s death row for the 2002 murders of Leneshia Williams, 17, and Jala Grant, 3. Cunningham and his half brother, Cleveland Jackson, were convicted of killing both and shooting six others inside an apartment on Eureka Street. They shot six of the eight in the head inside the kitchen of the apartment.

    The brothers were at the apartment to rob a man of drugs and money. Everyone inside the apartment was shot.

    Jackson, now 34, is finished with appeals in the court system. The Allen County Prosecutor’s Office has asked the Ohio Supreme Court to set an execution date. That process, which includes a clemency hearing in between, could take up to a couple of years before Jackson would have the chance for a date in Ohio’s execution chamber.

    Cunningham likely is a couple of years behind Jackson if he loses his appeals.

    http://www.limaohio.com/news/local_n...9bb30f31a.html
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    Jeronique Cunningham v. Stuart Hudson

    In today's opinions, the Sixth Circuit Court of Appeals VACATED the district court's judgment and remanded the case to the district court to determine whether it is appropriate to stay-and-abey the petition while Cunningham returns to state court to exhaust his claim of juror bias.
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    Article..

    Court: Man sentenced to death can seek new trial Cunningham convicted of killing 2 girls in Lima in 2002

    COLUMBUS — A federal appeals court ruled today that a man sentenced to death for killing two girls in 2002 during a Lima drug robbery can seek a new trial.

    Jeronique D. Cunningham, 41, will get the chance to argue that one of the jurors who convicted him had a relationship with his victims’ families and pressured other jurors to convict, a three-judge panel of the U.S. 6th Circuit Court of Appeals ruled.

    Cunningham is on death row at the Chillicothe Correctional Institution for the fatal shootings of Jala Grant, 3, and Leneshia Williams, 17, when he and conspirator Cleveland Jackson opened fire on a small group of people corralled into a kitchen during the Jan. 3, 2002 robbery.

    While evidence did not show that the fatal wounds were inflicted by Cunningham’s gun, he was prosecuted and convicted as Jackson’s accomplice and sentenced to death.

    The appeals court today sent the case back to U.S. District Court, giving Cunningham a chance to argue he was prevented from pursuing a motion in state court to overturn his conviction due to juror misconduct.

    According to the record, a juror who worked for a social service agency reportedly told other jurors during deliberations that “she dealt with the victims and their families, they know who she was, and that if she would find him not guilty that she would have to deal with them and that’s just something she didn’t want to have to deal with.…”

    A juror later testified that she was the sole holdout not to convict but felt pressured by the other juror to change her mind.

    The Cincinnati-based 6th Circuit said a state court should delve into the juror questions that raise “grave concerns about her impartiality.”

    “…Did she [the juror] have a relationship with the families of the victims, and, if so, was she improperly biased or influenced by that relationship and her knowledge that she would have to face them and work in the community after the trial was over?” the court asked.

    While Cunningham’s appeals continue, Jackson faces a Nov. 17, 2015 date to die by lethal injection. Although originally sentenced to die for both killings, his sentence for the death of Jala Grant was later commuted to life without parole. His death sentence for Ms. Williams’ murder stands.

    A U.S. District Court judge recently instituted an effective moratorium on Ohio executions in the wake of the state‘s problems carrying out the ultimate punishment. But that moratorium, at least for now, does not extend out far enough to affect Jackson’s execution.

    http://www.toledoblade.com/Courts/20...I24fEl4K5Ml.99
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    Man seeks new trial

    A man sent to Ohio’s death row after a jury convicted him of killing two girls execution style and wounding six others was back in Allen County on Friday asking for a new trial following a federal appellate court ruling.

    Jeronique Cunningham, 42, wants Judge David Cheney, who was not the judge at his 2002 trial, to grant his request for a new trial based on the allegation of one juror tainting the entire jury.

    Cheney scheduled a hearing for Aug. 5 to consider the matter.

    Allen County Prosecutor Juergen Waldick, who tried the case against both men, said this is an attempt by Cunningham’s attorney to try to avoid execution. He said the evidence, with the surviving witnesses identifying both men shooting, was overwhelming.

    The case is back in Allen County after the 6th Circuit Court of Appeals ruled one juror, who allegedly knew the families of the victim, pressured other jurors into a decision. The ruling requires a lower court to consider the matter.

    Cunningham and his half brother, Cleveland Jackson, were convicted and sent to death row for the 2002 killings of Jala Grant, 3, and Leneshia Williams, 17. The men arrived at an apartment on Eureka Street to rob a man. During the robbery, they lined eight people in up the kitchen and shot six of the eight in the head.

    Other appellate courts have upheld Cunningham’s death penalty conviction. The 6th Circuit is the last court that has to hear the appeal. After that, the U.S. Supreme Court can turn down the case without hearing it. A clemency request with the governor is the last step before execution.

    Jackson, has exhausted his appeals. His final chance at avoiding execution is with clemency, which a hearing has not been scheduled. Jackson has a July 20, 2016, execution date.

    http://www.limaohio.com/news/home_to...eeks-new-trial
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    Death row inmate seeks new trial

    A man sentenced to Ohio’s death row for his role in the execution-style killings of two girls on Eureka Street in 2002 was back in an Allen County courtroom Wednesday arguing for a new trial based on the allegation of juror misconduct.

    Jeronique Cunningham, now 42, argued the forewoman of his jury was biased and had prior knowledge of him and/or the victims’ families, which she used to influence the decision of other jurors. He is asking the court to grant him a new trial.

    A federal appellate court sent the case back to further look into the matter. Attorneys made short arguments Wednesday while relying on lengthy written arguments and other records to each make their case. Judge David Cheney will issue a decision at a later date.

    Cunningham and his half brother, Cleveland Jackson, were convicted in the killings of Jala Grant, 3, and Leneshia Williams, 17, and the wounding of six others inside an apartment on Eureka Street. Six of the eight victims were shot in the head. Both men were sentenced to death. The motive for the crime was to achieve drugs and money.

    Assistant Allen County Prosecutor Jana Emerick said Cunningham’s motion was filed more than a decade late, there was no juror misconduct and even if there were, the evidence at trial, with five witnesses pointing to Cunningham as one of the men who carried out the crimes, was overwhelming.

    Cunningham’s attorney, Michael Benza, said he has not been given the chance to further question the forewoman. He said she was an investigator at Allen County Children Services and had knowledge of Cunningham or the victims that influenced her and prevented Cunningham from getting a fair trial.

    Emerick said that is not true. She said the forewoman was questioned extensively during jury selection about her employment and whether she had any knowledge of the case or the parties involved that would prevent her from being a fair and impartial juror. She said did not, Emerick said.

    Even years after the verdict and Cunningham was sentenced to death, the juror said she was not influenced ahead of time and anything she learned through her job came after the trial when she reviewed agency records, Emerick said in her written response.

    But Benza said in his written response another juror stated in a deposition the forewoman said she has to work in this community and see the families of the victims after the trial, and used that to influence the opinion of at least one other juror.

    Emerick said the comment was taken out of context, was at the end of deliberations and did not affect the decision-making process. On top of that, Emerick said the evidence against Cunningham was overwhelming.

    The 6th Circuit Court of Appeals, which sent the case back, is the last court that has to hear the appeal. After that, the U.S. Supreme Court can turn down the case without a hearing. A clemency request with the governor would be the last step before execution.

    Jackson has exhausted his appeals. His final chance at avoiding execution is through clemency, for which a hearing has not been scheduled. Jackson has a July 20, execution date set.

    http://limaohio.com/news/148324/deat...eeks-new-trial
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  8. #8
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    Death row inmate's new trial request denied

    A judge has denied a new trial request made by a Lima man sitting on death row.

    Allen County Common Pleas Court Judge David Cheney overruling Jeronique Cunningham's petition for a new trial. Cunningham was convicted by a jury of two counts of aggravated murder, both with the death penalty specification. Earlier that year, Cunningham and his half brother Cleveland Jackson shot eight people in an apartment on Eureka Street. Two children died of gunshot wounds.

    In the petition, Cunningham claimed one of the jurors knew him and the victim's family and used the information to sway the others. The ruling states that the petition was filed too late and that there was not enough evidence to the juror misconduct claim. The case will go back to an appeals court. Jackson has run out of appeals. His execution is scheduled for next year.

    http://www.hometownstations.com/stor...request-denied

  9. #9
    Moderator Bobsicles's Avatar
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    On July 28, 2020, the Sixth Circuit granted Cunningham’s appeal.

    https://law.justia.com/cases/federal...020-07-28.html
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  10. #10
    Administrator Moh's Avatar
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    The Sixth Circuit is allowing his appeal to proceed before them, but they haven't overturned the Federal District Court's habeas denial on the merits.

    Cunningham's panel is made up of Senior Judge Merritt (Carter), Judge Moore (Clinton) and Judge White (G.W. Bush).

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