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Thread: Mark J. Rogers - Nevada

  1. #1
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    Mark J. Rogers - Nevada


    Mark Rogers


    Summary of Offense:

    Convicted and sentenced to death for the 1980 gunshot and stabbing deaths of an elderly couple, Emery and Mary Strode, and their daughter, 41-year-old Meriam, at their Pershing County mine. The murders took place on the Majuba property on Tuesday, December 2nd, 1980 around 1pm.

    The victims were Emery Strode, 71; his wife, Mary 72; and their daughter, Meriam Treadwell, 41. Investigators said they have no motive for the slayings. The bodies were found Wednesday night when Strode's son, Frank, returned home from vacation. He and his wife lived on the same property, but in a separate dwelling. All the victims had been shot, two were also stabbed.

    The suspect, Mark David Rogers aka Mark Joseph Heyduk and Tee Pee was arraigned in Lake Township Justice Court on Monday, January 12, 1981 on three counts of murder. He allegedly left Nevada, going through Oregon to Bellingham Washington. Strode's stolen pick-up truck was found in Bellingham, Washington.

    Mark Rogers' trial was held in October, 1981 in the Pershing County Courthouse. He was found guilty and now sits on death row.

  2. #2
    Administrator Moh's Avatar
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    On August 10, 2011, the State of Nevada filed an appeal in the US Ninth Circuit Court of Appeals over the partial granting of Rogers' habeas petition in Federal District Court.

    http://dockets.justia.com/docket/cir.../ca9/11-99010/

  3. #3
    Administrator Moh's Avatar
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    On June 11, 2015, oral argument will be heard in the State of Nevada's appeal before the US Court of Appeals for the Ninth Circuit.

    http://www.ca9.uscourts.gov/calendar...5-17&year=2015

  4. #4
    Senior Member CnCP Legend CharlesMartel's Avatar
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    Court overturns death penalty for Pershing County killer

    CARSON CITY — A federal appeals court has ruled that a Pershing County killer was wrongly sentenced to death because of a flawed jury instruction during the penalty hearing.

    The U.S. Ninth Circuit Court of Appeals granted a writ of habeas corpus in favor Mark Rogers, who killed three people in December 1980. This is the seventh appeal he has filed through the state and federal court system.

    After his conviction in 1981, the jury found the murders involved depravity of mind as an aggravating circumstances that justified the death penalty.

    The appeals court Friday upheld Senior District Judge Edward Reed Jr.'s decision that the instruction was unconstitutionally vague. It ordered a new penalty hearing or to impose a non-death penalty sentence.

    It’s been nearly 35 years since the killing of Emery and Mary Strode and daughter Meriam Strode in the couple’s home in a remote part of Pershing County. Emery was shot three times and stabbed twice. Mary was shot once and stabbed once. Meriam was tied up with an electric cord and shot once in the back.

    The state district court and the Nevada Supreme Court each twice rejected the appeals of Rogers.

    A month after the murders, Rogers was arrested in Florida. At trial Rogers maintained he was mentally ill including bouts of psychotic paranoid delusions schizophrenia and psychosis.

    The appeals court said the U.S. Supreme Court ruled one year before the Pershing County trial that the depravity of mind instruction was vague and should not be given to the jury.

    http://lasvegassun.com/news/2015/jul...g-county-kill/

  5. #5
    Administrator Moh's Avatar
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    On April 19, 2021, oral argument will be heard in the State of Nevada's appeal before the Ninth Circuit ("the State of Nevada appeals the district court's judgment on remand granting a habeas corpus petition challenging a murder conviction").

    https://www.ca9.uscourts.gov/calenda...s=19&year=2021

  6. #6
    Administrator Moh's Avatar
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    The panel will be made up of Judges Gould (Clinton), Hurwitz (Obama) and Bennett (Trump).

    https://www.ca9.uscourts.gov/calenda...s=19&year=2021

  7. #7
    Moderator Bobsicles's Avatar
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    State of Nevada’s appeal denied by the Ninth Circuit.

    https://law.justia.com/cases/federal...022-02-14.html
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    Judge Bennett dissented.

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