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Thread: Aquilia Marcivicci Barnette - Federal Death Row

  1. #1
    Administrator Michael's Avatar
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    Aquilia Marcivicci Barnette - Federal Death Row

    Summary of Offense:

    Convicted of murdering a man in North Carolina in a carjacking and a woman in Virginia, who was his former girlfriend. Sentenced to death by a jury on February 10, 1998. The Fourth Circuit reversed his death sentence on May 4, 2000. Barnette was re-sentenced to death in 2002. On October 3, 2005, the U.S. Supreme Court vacated the judgment against Barnette and remanded the case back to the Fourth Circuit in light of the Court's 2005 ruling in Miller-El v. Dretke.

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    Administrator Michael's Avatar
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    On remand from Fourth Circuit, the District Court denies Barnette's Batson claim on May 19, 2010:

    In U.S. v. Barnette (WDNC), the district court – on remand from the Fourth Circuit in light of Miller-El v. Dretke, 545 U.S. 231 (2005) – denied the defense Batson claim. On its way to denying the claim the district court denied the defense request for discovery and precluded the defense from relying on evidence, which was not presented at the original Batson hearing. Moreover, the court limited its consideration to arguments that were raised at the Batson hearing (and not otherwise waived on appeal) and the issues raised on appeal. The court then accepted the prosecutor's reasons for striking the jurors in question and rejected the defense comparative analysis arguments.

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    Oral argument has been set for January 27, 2011 in the US Court of Appeals for the Fourth Circuit.

    http://pacer.ca4.uscourts.gov/calendar/012511.htm

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    UNITED STATES OF AMERICA v. AQUILIA MARCIVICCI BARNETTE

    In today's Fourth Circuit Court of Appeals opinions, the court AFFIRMED the District Court's DENIAL of a Batson claim.

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    In today's orders, the US Supreme Court denied Barnette's certiorari petition.

    Lower Ct: United States Court of Appeals for the Fourth Circuit
    Case Nos.: (10-2)
    Decision Date: May 3, 2011
    Rehearing Denied: June 1, 2011

    http://www.supremecourt.gov/Search.a...es/11-7257.htm

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    On May 23, 2012, Barnette filed a petition for post-conviction relief in Federal District Court.

    http://dockets.justia.com/docket/nor...cv00327/67395/

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