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Thread: Bobby Terrell Shepphard - Ohio Death Row

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    Bobby Terrell Shepphard - Ohio Death Row




    Summary of Offense:

    On August 19, 1994, Sheppard murdered 56-year-old Dennis Willhide in Cincinnati. Mr. Willhide owned a drive-thru beverage store that Sheppard and his accomplice, Antwan Little, planned to rob. Sheppard forced Mr. Willhide, face-down, on the floor, while Little removed money from the cash register. After Little ran out of the store, Sheppard shot Mr. Willhide in the back of the head. Sheppard admitted to his friend and police that he shot Mr. Willhide so that he could not identify Sheppard.

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    Administrator Moh's Avatar
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    On April 23, 2009, Sheppard filed an appeal in the Sixth Circuit over the denial of his habeas petition in Federal District Court.

    http://dockets.justia.com/docket/cir...s/ca6/09-3472/

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    Administrator Heidi's Avatar
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    Bobby Sheppard v. Margaret Bagley

    In today's Sixth Circuit Court of Appeals opinions, the court AFFIRMED the district court's DENIAL of Sheppard's petition for a writ of habeas corpus.

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    Once-youngest death row inmate to be executed

    A Springfield Township man who once was the youngest prisoner on Ohio's death row lost a bid Tuesday to avoid his execution.

    A divided federal appeals court ruled that Bobby Sheppard should die for shooting a store clerk in the back of the head, even though prosecutors made "troublesome" comments at his trial and a juror broke the rules by discussing Sheppard's mental health with a psychologist.

    Sheppard, who was 18 when he was sentenced to death in 1995, was convicted of killing store clerk Dennis Willhide during a robbery that was captured on video by a security camera.

    The case bounced around state and federal appeals courts for 16 years before landing in the U.S. 6th Circuit Court of Appeals in Cincinnati, where a panel voted 2-1 Tuesday to uphold Sheppard's death sentence.

    The decision once again revealed a deep divide among 6th Circuit judges on death penalty cases and left Sheppard with few options other than an appeal to the U.S. Supreme Court.

    Judges Raymond Kethledge and Alice Batchelder, who were both appointed by Republican presidents, voted to uphold Sheppard's death sentence. Judge Gilbert Merritt, appointed by President Jimmy Carter, said the sentence should be overturned.

    None of the judges questioned whether Sheppard was guilty of the crime.

    "The 6th Circuit did the right thing," said Hamilton County Prosecutor Joe Deters, who tried the case. "Hopefully now the family will get justice."

    Sheppard's appeal didn't dispute that he killed Willhide while robbing the C&D Drive Thru in College Hill in 1994. A security camera showed him firing the fatal shot as Willhide knelt on the floor, and Sheppard later admitted to police that he did it.

    But Sheppard, now 35, claimed the sentencing portion of his trial was flawed because of misconduct by prosecutors and a juror.

    Deters, who tried the case, improperly criticized Sheppard's decision not to testify and made comments disparaging defense lawyers. Kethledge and Batchelder agreed the comments were "troublesome," but they said the death sentence was proper.

    Deters said his comments were directed at defense lawyers, who he said withheld information from prosecutors about Sheppard's mental health.

    "If that's disparaging the defense counsel, that's tough," Deters said.

    The judges also rejected Sheppard's claim that his sentence was tainted when a juror contacted a psychologist during deliberations for advice about paranoid schizophrenia, a condition Sheppard's lawyers claimed may have influenced his decision to kill Willhide.

    They said the juror was questioned during the trial and assured the court the outside contact did not influence him.

    The juror told a federal judge years later that the contact did have some influence, but Kethledge and Batchelder said the federal court did not have the authority to hold that hearing and they could not, therefore, consider the testimony.

    Merritt said that logic is flawed and the juror's conduct made the death sentence improper.

    "The law is clear, the facts are clear and our court is clearly mistaken," Merritt said of the majority's decision. "My colleagues have rendered the federal court powerless to do justice."

    http://communitypress.cincinnati.com...yssey=nav|head

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    Member Newbie vmax1992's Avatar
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    Well maybe we are getting to the end of the line here... At least if the State of Ohio Department of Corrections can get their act together...
    here is the link to the 6th District Court of the opinion http://www.ca6.uscourts.gov/opinions...1a0265p-06.pdf
    I have been waiting for this for awhile, Dennis was my Mother in laws nephew... Maybe the family can finally get justice for Dennis...

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    Sorry for your family's loss. Welcome to the site vmax.

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    Somewhat related

    Drive-Thru Owner Shoots Guy Who Tried To Rob Store



    A College Hill store clerk pulled out a gun and shot a would-be robber multiple times late Wednesday night. The suspect is now being treated at University Hospital for serious injuries.

    The shooting happened at the C-and-D Drive Thru around 10:40 p.m. Police say 25 year old Michael Ozier of Wyoming and 26 year old Zachery Herzog of Finneytown tried to hold up the drive-thru. Once inside, the two immediately confront the clerk and have him open the cash register.

    Security video shows one suspect, Ozier, pointing a gun at the clerk, the other, Herzog, clutches a bottle of champagne he grabbed and is holding like a club. All the while, owner Wes Hahn is seeing the holdup on a monitor in his office.

    Hahn grabs his gun, calls 9-1-1 and goes out to the drive-thru bay. Standing behind a display, he confronts Ozier. Ozier turns on him...both fire and Ozier runs out. They fire at each other in passing almost at point blank range.

    Hahn then subdues Herzog and waits for police to arrive. Ozier took off running...but he didn't make it very far. He was found by a homeowner about a block away on Connecticut. He suffered four gunshot wounds to his chest, abdomen, leg and arm.

    Ozier faces two counts of felonious assault and one count of aggravated robbery. Herzog is charged with aggravated robbery.

    This is the same store where the original owner was killed by a robber in 1994. That gunman, Bobby Shepphard, was convicted and sentenced to die. He is still on Ohio's death row.

    http://www.local12.com/news/local/st...DA.cspx?rss=30

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    Member Newbie vmax1992's Avatar
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    Yeah well they will get time hopefully, but I have lost faith that Sheppard will ever see the Death Chamber. 1. Because Drug Company's refuse use of their drugs to kill somebody. 2. Because the same judges that wrote the death penalty laws now want to abolish it. 3. Because Ohio DRC can't seem to do their job with out screwing it up. Hence I prefer the Electric Chair, or the Gas Chamber for these that cause the pain of victims families. These Monsters need to suffer the pain, and indignity that they themselves cause. Die like a man Sheppard, Volunteer to die or kill yourself do the public a favor....

  9. #9
    Administrator Heidi's Avatar
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    Don't lose faith just yet vmax, his appeal is moving along.

    11A720 Bobby T. Sheppard v Margaret Bagley, Warden

    Jan 24 2012 Application (11A720) to extend the time to file a petition for a writ of certiorari from February 13, 2012 to April 13, 2012, submitted to Justice Kagan.

    Jan 31 2012 Application (11A720) granted by Justice Kagan extending the time to file until April 13, 2012.

  10. #10
    Member Newbie vmax1992's Avatar
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    Did we not just go through this????? Defendant: Warden Chillicothe Correctional Institution
    Petitioner: Bobby T. Sheppard

    Case Number: 1:2012cv00198
    Filed: March 8, 2012

    Court: Ohio Southern District Court
    Office: Cincinnati Office
    County: FRANKLIN
    Presiding Judge: Walter H Rice
    Referring Judge: Michael R Merz

    Nature of Suit: P. Petitions - Death Penalty
    Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
    Jurisdiction: Federal Question
    Jury Demanded By: None

    March 26, 2012 8 Court Opinion or Order SCHEDULING ENTRY - In the body of the Petition in this case, Petitioner takes the position that this is not a second or successive habeas corpus petition, despite the prior filing of Case No. 1-00-cv-493. The Attorney General was given an opportunity to respond to that position and opposes it (Doc. No. 6). Petitioner may file any response he wishes the Court to consider to the Attorney General's position not later than March 30, 2012. Signed by Magistrate Judge Michael R Merz on 3/26/2012. (kpf1)
    March 9, 2012 4 Court Opinion or Order ORDER FOR RESPONSE. It is hereby ORDERED that Respondent file any argument she wishes the Court to consider on the question whether the Petition herein is a second or successive petition on which Petitioner requires the prior permission of the Sixth Circuit to proceed, not later than March 19, 2012. Signed by Magistrate Judge Michael R Merz on 3/9/2012.

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