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Thread: Nathaniel E. Jackson - Ohio

  1. #11
    Administrator Heidi's Avatar
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    Today, the Ohio Supreme Court issued a merit decision without written opinion in State v. Jackson and remanded the Trumbull County death penalty case to the court of appeals for further proceedings on the merits.
    An uninformed opponent is a dangerous opponent.

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  2. #12
    Administrator Moh's Avatar
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    Court to hear arguments in Ohio death penalty resentencing

    COLUMBUS, Ohio (AP) - The Ohio Supreme Court plans to hear arguments next month on the death penalty resentencing of a man convicted of plotting the killing of his girlfriend’s ex-husband.

    The court has scheduled a hearing for April 19 on a judge’s 2012 order that Nathaniel Jackson be put to death for the 2001 murder of Robert Fingerhut near Warren in northeastern Ohio.

    The 44-year-old Jackson was first sentenced to death in 2002. That sentence was overturned after the state Supreme Court reprimanded a judge and prosecutor for teaming up to write sentencing orders for Jackson and Jackson’s co-defendant, Donna Roberts.

    Authorities say Jackson shot Fingerhut twice in the back and once in the head after Roberts let Jackson into the home to wait for Fingerhut to return.

    http://www.washingtontimes.com/news/...-penalty-rese/

  3. #13
    Administrator Heidi's Avatar
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    Oral argument in Nathaniel Jackson v. State of Ohio may be view starting at 9:00 am Tuesday April 19, 2016 by clicking here

    Nathaniel Jackson v. State of Ohio, Case no. 2012-1644
    Eleventh District Court of Appeals (Trumbull County)

    Nathaniel Jackson is contesting his death sentence in his second direct appeal to the Ohio Supreme Court. He received a new sentencing hearing in 2010 because the prosecutors had helped draft the trial court’s sentencing opinion for the judge in his case.

    Jackson and Donna Roberts were romantically involved in 2001 while Roberts was living with her ex-husband, Robert Fingerhut. During that year, Jackson went to prison. While there, he and Roberts plotted to kill Fingerhut for $550,000 in insurance money. Fingerhut was shot to death in December 2001, and Roberts and Jackson were each convicted for aggravated murder and received death sentences.

    The Ohio Supreme Court affirmed Jackson’s convictions and death sentence in 2006. Later that year, though, a unanimous Supreme Court sent Roberts’ death-penalty appeal back to the trial court for resentencing because Judge John M. Stuard had involved the prosecutor in writing Roberts’ sentencing opinion, and did so without the defense counsel’s knowledge. Judge Stuard presided over both trials, and was publicly reprimanded by the Court in 2009 for the actions in the Roberts case. The judge acknowledged he enlisted the prosecutor’s help in drafting Jackson’s sentencing opinion as well, and the Eleventh District Court of Appeals granted Jackson a new sentencing hearing in 2010.

    The judge held the resentencing hearing on Aug. 14, 2012, and again imposed the death penalty. Jackson has raised 11 arguments in his brief to the Court challenging the death sentence imposed in that hearing.

    Death-Row Inmate Questions Process at Hearing, Judge’s Impartiality


    Among Jackson’s assertions:

    For the resentencing hearing, the Eleventh District ordered Judge Stuard to review and evaluate the appropriateness of the death penalty in Jackson’s case and to prepare an entirely new sentencing opinion as required by law. Jackson argues the judge didn’t consider the new mitigating circumstances presented at the 2012 resentencing, submitted nearly the same sentencing opinion as the one filed in 2002, and filed the 2012 order before the hearing took place. Because of these errors, Jackson contends the order wasn’t final and can’t be appealed, and the appeal should be returned again to the trial court.

    Jackson also discusses the performance of his counsel during the mitigation part of his trial in 2002, which he contends influenced the 2012 resentencing hearing. After the guilt phase of his trial, one of his two lawyers became ill before the sentencing phase began. The attorney who agreed to fill in hadn’t yet been certified by the Supreme Court to accept appointments in death-penalty cases, Jackson explains. However, when asked by the trial court whether they needed to delay the proceedings to prepare, Jackson’s attorneys declined. Jackson argues the witnesses his lawyers had testify didn’t accurately reflect his upbringing, and his expert psychologist’s faulty administering and scoring of his IQ test presented an inaccurate picture of his mental capabilities. The trial judge relied on this flawed evidence when he sentenced Jackson to death in the original trial and again after the resentencing hearing, Jackson maintains.

    Jackson also asserts that Judge Stuard wasn’t fair and impartial in part because the judge delayed ruling on a motion about a resentencing hearing and didn’t consider information provided in that proceeding before writing a new sentencing opinion. Jackson brings up his rejected requests to the Supreme Court to have the judge disqualified, and asks for another remand before an impartial and unbiased judge.

    Prosecutor Counters Hearing Was Handled Properly, Judge Was Fair

    On behalf of the state, the Trumbull County prosecutor responded with these arguments:

    In the prosecutor’s view, Judge Stuard wasn’t ordered to consider additional evidence during Jackson’s resentencing hearing. A trial court “is required to rewind the proceedings only to where the error occurred, not before,” in certain capital cases sent back to the court, the prosecutor writes in his brief. He references State v. Chinn, a 1999 Ohio Supreme Court decision. He maintains Jackson hasn’t identified evidence he was unable to present during his original sentencing and thus can’t add to the record now. According to the prosecutor, the judge’s early filing of the new opinion didn’t affect the outcome of Jackson’s resentencing. Plus, the prosecutor stresses that Jackson has waived his contention that the sentencing order wasn’t final and appealable by appealing the decision.

    The prosecutor also contends Jackson is improperly raising issues about his 2002 trial lawyers when this appeal involves only his 2012 resentencing hearing. The Court has already rejected Jackson’s claims of ineffective assistance by his lawyers in the 2006 decision, the prosecutor maintains, adding that the Court refused to consider claims Roberts made related to her 2003 mitigation hearing in her resentencing appeal. Nor, he emphasizes, can Jackson complain about a lack of investigation into his upbringing with facts that aren’t part of the record of the case.

    On the claims made against Judge Stuard, the prosecutor notes the Court concluded twice there were no grounds to disqualify the judge from handling the resentencing hearing. Given the Court’s rulings, the matter is settled and issue is improperly raised in this appeal, the prosecutor argues and adds Jackson also hasn’t proven bias or ill will by the judge. Further, no new evidence was permissible at the resentencing hearing, the prosecutor maintains.

    - Kathleen Maloney

    Docket entries, memoranda, briefs (including amicus briefs), and other information about this case may be accessed through the case docket.

    Contacts
    Representing Nathaniel Jackson from the Ohio Public Defender’s Office: Randall Porter, 614.466.5394

    Representing the State of Ohio from the Trumbull County Prosecutor’s Office: LuWayne Annos, 330.675.2426
    An uninformed opponent is a dangerous opponent.

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  4. #14
    Administrator Aaron's Avatar
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    Death penalty in Howland murder case affirmed

    COLUMBUS, Ohio (WKBN) - The Ohio Supreme Court has affirmed the death sentence of a man convicted in a 2001 murder in Trumbull County.

    A trial judge’s error prompted the Supreme Court to vacate the death sentence of Nathaniel Jackson in the murder of Robert Fingerhut and ordered that Jackson be re-sentenced.

    The Court voted 6 to 1 Wednesday to affirm the death penalty in the case.

    The Eleventh District Court of Appeals vacated the initial death sentence when it found an assistant prosecutor improperly assisted the trial judge in preparing the sentencing opinion.

    Justice Paul E. Pfiefer concluded the error was harmless and was corrected by the Court’s independent evaluation of the sentence.

    Justice Judith Ann Lanzinger, the only dissenting vote, said that the court did not take Jackson’s words into account before re-sentencing and that he is entitled to receive a sentencing hearing where his statements are considered before a sentence is imposed.

    Prosecutors say Jackson conspired from prison to murder Fingerhut after developing a relationship with his wife Donna Roberts.

    Roberts lived with Fingerhut in Howland Township, and Fingerhut had two life insurance policies worth a total of $550,000 in which Roberts was named the sole beneficiary. Roberts began an affair with Jackson, which continued while Jackson was confined in the Lorain Correctional Institution.

    While in prison, Jackson and Roberts exchanged numerous letters and spoke by phone to plot the murder of Fingerhut. At Jackson’s request, Roberts purchased a ski mask and pair of gloves for Jackson to use during the murder. Roberts picked up Jackson from Lorain Correctional when he was released and two days later, Fingerhut was shot to death in his home.

    Jackson was indicted on two counts of aggravated murder, aggravated burglary and aggravated robbery. In 2002, a jury found Jackson guilty of all charges and recommended the death penalty. The late Judge John Stuard, who presided over Jackson’s trial and imposed the death sentence.

    Judge Stuard also presided over Roberts’ capital murder trial and she was found guilty of aggravated murder and other offenses, and was sentenced to death. In 2006, the Ohio Supreme Court affirmed Roberts’ convictions, but vacated her death sentence and remanded the case to the trial court because the judge, as in Jackson’s case, had enlisted the assistant county prosecutor who tried the case in drafting the sentencing opinion.

    Roberts death penalty was also subsequently affirmed. Her appeal of that sentence is still pending before the Court.

    http://wkbn.com/2016/08/24/death-pen...case-affirmed/
    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

  5. #15
    Moderator Ryan's Avatar
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    Jackson has an execution date of July 15, 2020.

    http://www.drc.ohio.gov/execution-schedule

  6. #16
    Administrator Heidi's Avatar
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    Man on death row for Howland murder wants case re-opened

    A man sentenced to death for his part in a plot to murder a Howland man in order to collect a $500,000 insurance payout, is asking the Ohio Supreme Court to reopen his case.

    The request from 44-year-old Nathaniel Jackson, comes just three months after the state's highest court refused to reconsider an earlier decision upholding his Jackson's death sentence.

    The application also comes in the same week that the justices heard an appeal from from his convicted co-conspirator, Donna Roberts.

    Jackson and Roberts have both been sentenced to death for a 2001 conspiracy to murder Roberts' husband, Robert Fingerhut.

    In his latest court filing, Jackson's attorney is arguing that her client deserves to have his case reopened because he received ineffective legal counsel during an appeal. Jackson's death sentence is set to be carried out on July 15, 2020.

    The Ohio Supreme Court on Tuesday heard oral arguments from prosecutors and Donna Robert's defense attorney who claims that the judge who presided over her trial passed away.

    The defense says that the judge who took over was unable to make a proper decision during Roberts' re-sentencing because the new judge did not hear her statements about the case on a first hand basis.

    The justices have taken the arguments in the Roberts appeal under advisement and will hand down a decision later.

    Roberts is the only woman on Ohio's Death Row.

    http://www.wfmj.com/story/34448543/m...case-re-opened
    An uninformed opponent is a dangerous opponent.

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  7. #17
    Administrator Moh's Avatar
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    High court declines to hear death row inmate’s appeals

    The Ohio Supreme Court on Wednesday denied two motions by an attorney for death row inmate Nathaniel E. Jackson, including one asking them to reconsider their decision last year not to vacate his death sentence.

    The court announced it will not hear Jackson’s appeals because of lack of jurisdiction.

    Jackson, 45, remains on death row, with a scheduled execution date of July 15, 2020, according to Trumbull County assistant Prosecutor LuWayne Annos.

    However, Annos said Jackson has two appeals still pending: a Writ for Certiorari with the U.S. Supreme Court seeking re-sentencing, which was denied last August by Ohio’s high court, and an appeal before Trumbull County Common Pleas Judge Ronald J. Rice, which seeks a motion for leave for a new trial.

    Rice took over the case from the late Judge John Stuard, who re-sentenced Jackson to death on Aug. 14, 2012, after being ordered to do so by the Ohio Supreme Court because of the judge’s error during the first sentencing after the 2002 trial.

    Jackson was found guilty in the 2001 murder of Robert Fingerhut of Howland and was sentenced to death by Stuard. Jackson remains on death row at Chillicothe Correctional Institution.

    The 11th District Court of Appeals vacated Jackson’s initial death sentence when it found an assistant prosecutor improperly assisted the trial judge in preparing the sentencing opinion.

    Jackson’s co-defendant, Donna Roberts, also convicted of murdering Fingerhut, is awaiting a decision in her third appeal for relief from the Ohio high court. Roberts, the only woman on Ohio’s death row, claimed Rice had re-sentenced her without physically seeing her in court for a penalty phase.

    In Jackson’s appeals to the Ohio Supreme Court, the court on Wednesday refused Jackson’s bid for post-conviction relief that Rice denied in 2013 and the 11th District court affirmed in 2014. The high court also refused to hear Jackson’s appeal for a new trial, which both Stuard and the 11th District court denied.

    An attempt to reach Jackson’s attorney, assistant state public defender, Randall L. Porter of Columbus, was unsuccessful.

    Donna Roberts lived with Fingerhut, her ex-husband, on Avalon Drive in Howland and Fingerhut had two life insurance policies worth a total of $550,000 in which Roberts was named the sole beneficiary. Roberts began an affair with Jackson, which continued while Jackson was confined in the Lorain Correctional Institution.

    While in prison, Jackson and Roberts exchanged numerous letters and spoke by phone, with the prison authorities recording many of the conversations. Passages from the letters and calls indicated the two plotted to murder Fingerhut, and at Jackson’s request, Roberts purchased a ski mask and pair of gloves for Jackson to use during the murder. Roberts picked up Jackson from Lorain Correctional when he was released and two days later, Fingerhut was shot to death in his home.

    Police searched the house and found 145 handwritten letters and cards that Jackson sent to Roberts and when they recovered Fingerhut’s stolen car in Youngstown, they found a bag with Jackson’s name on it with 139 letters Roberts had sent to him. When Jackson was arrested, he claimed he shot Fingerhut in self-defense.

    http://www.tribtoday.com/news/local-...mates-appeals/

  8. #18
    Administrator Moh's Avatar
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    In today's orders, the United States Supreme Court declined to review Jackson's petition for certiorari.

    Lower Ct: Supreme Court of Ohio
    Case Nos.: (2012-1644)
    Decision Date: August 24, 2016
    Rehearing Denied: November 9, 2016

    https://www.supremecourt.gov/search....es/16-7837.htm

  9. #19
    Administrator Aaron's Avatar
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    In today's orders, the United States Supreme Court declined to review Jackson's petition for certiorari.

    Lower Ct: Court of Appeals of Ohio, Trumbull County
    Case Nos.: (2008-T-0077)
    Decision date: January 5, 2015
    Rehearing denied: February 22, 2017
    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

  10. #20
    Senior Member CnCP Legend CharlesMartel's Avatar
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    Trumbull killer asks federal court for relief

    By Justin Wier
    The Youngstown Vindicator

    YOUNGSTOWN - Having exhausted all appeals at the state level, a Trumbull County man who received the death penalty for the 2001 murder of his then-girlfriend’s ex-husband has turned to federal courts.

    Nathaniel Jackson, 46, planned the murder of 57-year-old Robert Fingerhut with his then-girlfriend Donna Roberts with an eye toward $550,000 in insurance money, according to court documents. Roberts provided Jackson with access to the Howland home she and Fingerhut shared, where Jackson shot the victim multiple times.

    Both Roberts and Jackson received the death penalty.

    Judge James S. Gwin, of U.S. District Court issued an order reopening a petition for habeas corpus filed by Jackson in 2008 now that he has exhausted remedies at the state level.

    In 2010, the Ohio 11th District Court of Appeals vacated Jackson’s death sentence because an assistant prosecutor assisted the judge in writing his opinion. The trial court reimposed the death sentence in 2012.

    The Ohio Supreme Court denied a direct appeal of that sentence in 2016 and an application to reopen that appeal in 2017.

    The U.S. Supreme Court also denied a petition to hear Jackson’s case.

    A memorandum in support of Jackson’s petition for habeas corpus argues on several grounds including a lack of effective assistance by Jackson’s public defender and prosecutorial misconduct.

    http://www.vindy.com/news/2018/mar/1...rns-to-federa/
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