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    1. #11
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      Opinion and Order signed by Judge James S. Gwin on March 20, 2013. The Court conditionally grants the petition for writ of habeas corpus on Petitioner Trimble's juror bias claim. Petitioner Trimble's death sentences from his state convict ion are vacated and set aside. Petitioner must be given a new capital sentencing hearing within 200 days of this Order or the Warden is not entitled to execute petitioner's death sentences. The Court denies the petition as to all other claims. The Court certifies that an appeal from this decision could be taken in good faith. The Court issues a certificate of appealability pursuant to 28 U.S.C. Section 2253(c) and Federal Rule of Appellate Procedure 22(b) on juror bias, admission of weapons and prosecutorial misconduct.

      http://docs.justia.com/cases/federal...149/163351/69/

      On April 3, 2013, the State of Ohio filed an appeal before the US Court of Appeals for the Sixth Circuit.

      http://dockets.justia.com/docket/cir...s/ca6/13-3381/

    2. #12
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      On April 18, 2013, Trimble filed a cross-petition in Federal District Court.

      http://dockets.justia.com/docket/cir...s/ca6/13-3455/

    3. #13
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      Wondering if anyone has any updates on James Trimble?

    4. #14
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      In today's United States Supreme Court orders, Trimble's petition for writ of certiorari was DENIED.

      Lower Ct: United States Court of Appeals for the Sixth Circuit
      Case Nos.: (13-3381, 13-3455)
      Decision Date: September 12, 2013

    5. #15
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      It is time to go ahead and follow through with the execution.

    6. #16
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      Not quite yet. Prosecutors are still appealing the decision that granted Trimble relief on his death sentence.

    7. #17
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      Please keep me updated on James Earl Trimble.

      What does cert denied mean?

      Thank you,

      Susan McCoy

    8. #18
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      Wiki:
      Certiorari, often abbreviated as cert. in the United States, is a writ seeking judicial review. It is issued by a superior court, directing an inferior court, tribunal, or other public authority to send the record of a proceeding for review.
      All inmates shown on this site with 'cert denied' behind their names are at the end of their appeals and an execution date could be set. I doubt that James Earl Trimble will get a date before 2019.

    9. #19
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      Appeals court ruling could open door to new trial for convicted murderer James Earl Trimble

      An appeals court has ruled that death-row inmate James Earl Trimble might be able to seek a new trial — if he can show he clearly was prevented from seeing evidence in connection with his long-standing claim that a rogue police sniper foiled a hostage standoff in Portage County.

      Ten years ago in January, Trimble murdered his girlfriend, Renee Bauer, 42, and her son, Dakota, 7, at their home in Brimfield Township before breaking into former Kent State University student Sarah Positano’s duplex in a wooded area nearby.

      Positano, 22, who was held at gunpoint near her upstairs bedroom, was shot and killed moments after Trimble had worked out a deal with a police hostage negotiator to free her. He has maintained all along that his gun fired when a SWAT sniper, who had entered the first-floor living area, startled him.

      Police deny that anyone else was in the home.

      In a ruling this week, the 11th District Court of Appeals in Warren sent the evidentiary issue back to Portage County Common Pleas Court to determine whether Trimble was prevented from discovering potentially crucial evidence: a 2012 email from a former Portage County sheriff’s deputy who said he learned that “a Rogue Swat Officer” was inside Posi*tano’s duplex during the hostage “cool-off period.”

      The former deputy, identified in court documents as Michael Muldowney, also stated in the email that he communicated what he learned to Portage County Sheriff David Doak in late 2005 or in 2006.

      Muldowney first sent his email to Trimble’s trial lawyer at the Portage County Public Defender’s Office, who in turn relayed it to the state public defender in connection with Trimble’s series of appeals.

      Portage County authorities have maintained that Trimble acted alone in the Positano slaying and strongly have denied that any rogue sniper existed.

      The 11th District ruling only paves the way for a potential court hearing to determine if the purported email evidence is grounds for Trimble to file another motion for a new trial.

      The Ohio Supreme Court affirmed his death sentence in 2009, and his trial judge later denied a motion for a new trial.

      Positano’s father, Jim Positano, said in a phone interview Wednesday from his home in Sault Ste. Marie, Canada, that Trimble “shouldn’t get off for anything. I have no remorse for him whatsoever.”

      He also said that he and his wife have evidence of their own showing there was a rogue sniper and that their daughter would have lived if authorities had allowed hostage negotiations to play out.

      “This would allude to the fact that I’ve been trying to say all the time — that these police were lying through their teeth in everything that they did. My kid could have walked out of there if they hadn’t done what they did,” Positano said.

      Susan Positano said years of independent investigative work can prove there was a rogue sniper, “if we can get to court. But they won’t let us into court. ... I mean, this just goes to show you that things weren’t done right.”

      Retired Portage County Common Pleas Judge John Enlow dismissed the Positanos’ wrongful-death civil lawsuit in 2009. It asked for $150 million in damages.

      http://www.ohio.com/news/local/appea...imble-1.576052
      "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."

      - Oklahoma Rep. Mike Christian


      "It's messed up that SCOTUS still decides cases by tying up a goat in front of Mt. Rushmore and seeing if the presidents eat it."

      - Stephen

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