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Thread: Nicholas "Nick" Bernard Acklin - Alabama Death Row

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    Nicholas "Nick" Bernard Acklin - Alabama Death Row




    Nicholas “Nick” Bernard Acklin


    Summary of Offense:

    Acklin was convicted of capital murder in the deaths of Charles Larnar Hemphill, Bryan Carter, Michael Beaudette and Johnny Couch. The jury also returned a guilty verdict on charges of attempted murder in assaults on Ashley Rutherford and Michelle Hayden Mills.

    He was accused of starting a shooting spree on September 25, 1996, at Rutherford's home on U.S. 72, just west of the Huntsville city limits. The incident occurred around midnight over a report that Hemphill had filed with authorities over his missing cellular telephone.

    Acklin was sentenced to death on November 10, 1998.

    His sentence was affirmed on direct appeal by the Alabama Court of Criminal Appeals on April 28, 2000.

    Accomplices Corey Johnson and Joseph Michael "Joey" Wilson were also convicted. Johnson received a 15-year sentence and was released in 2011, whereas Wilson was sentenced to death. For more on Wilson, see: http://www.cncpunishment.com/forums/...=joseph+wilson

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    Man Convicted In Huntsville's Cell Phone Murders Scheduled For Release Monday

    It was one of the most gruesome murder scenes in Huntsville's history, and it's hard to believe it's been 15 years since the brutal murders over a cell phone. Four people died, two were shot, but survived, and a seventh person escaped. Three others were sent to prison. One of the men convicted is scheduled to be released from prison today.

    On September 26, 1996, a 911 call led first responders to a home on Highway 72. What they found inside was a scene of torture, terror and murder. Seven victims -- six shot in the head. Four died. Two survived their wounds, and one escaped without being shot.

    Within an hour of responding to the scene, police had their men: Nick Acklin, Joey Wilson and Corey Johnson.

    With a crime scene so gruesome, crews worked throughout the night into the next day.

    "I'm shocked, I think anyone in this community would be shocked for a crime like this to happen," Madison County Sheriff Joe Whisante said the morning after.

    Now, in 2011, the house is still standing along busy Highway 72. While the house is abandoned, the memories inside are as fresh in the minds of EMT workers today as they were that fateful night.

    Dale Strong was one of the first paramedics on the scene that night.

    "The call was dispatched as a possible shooting as this location, little did we realize we were soon to see the most brutal and vicious murder," said Strong. "All are brutal, but I'm telling you in pre-hospital care, I tell you, I've never seen anything of this nature and I hope I never see it again."

    "An idea how long it had been since Nick Acklin, Joey Wilson and Corey Johnson had left until you guys arrived?" we asked Strong.

    "Soon enough after, that the gunpowder smell, smelt as if it had just occurred," said Strong. "To this day, I still remember and also remember the jingling of the spent shell casings that were on the floor."

    "It's hard to believe it was over a cell phone, but in reality, it was," said Madison County District Attorney Rob Broussard.

    Broussard was on the prosecution team that sent Wilson and Acklin to death row. Johnson was sentenced to 15 years on a felony murder charge.

    "One nugget that sticks out in your mind?" we asked Broussard.

    "I think it was the duration of what would amount to be torture that Joey Wilson and Nick Acklin did to these people," he replied. "It was the duration, the humiliation they suffered before Joey and Nick finally decided to open fire on them, and then you look at the sheer carnage of the aftermath, that you have four young people who are dead, murdered the way they were murdered, you have three people survive it, one of the people fled out the back door."

    "You think of the horror that was suffered, not only by the poor kids that lost their lives, but those who survived, and then it doesn't take very long in my mind to think what is appropriate for a Joey Wilson and Nick Acklin," Broussard said.

    "Corey Johnson had different charges because his role in this was different," Broussard explained. "Substantially different that was Joey Wilson and Nick Acklin, mainly because once the intent to kill was actually acted upon, Corey Johnson was actively opposed to it, and tried to talk them out of it, and that's according to our surviving victims, so he's a bad guy, but he's not a capital murderer like the other two were."

    On September 26, 15 years after the murders, Corey Johnson is set to be released from prison. According to the Alabama Department of Corrections, Johnson will have served every day of his 15-year felony murder sentence.

    "I mean, I know on an emotional level, if you were to ask the victims right now are you happy that Corey Johnson's getting out? Probably to a person, they will say no, they are not happy, like I say on an emotional level, I certainly understand it, but as far as the criminal justice system, that's the way it works, and he received a sentence that is commentrative to what he did that night," Broussard said.

    According to the Department of Corrections, Corey Johnson has racked up 13 discipliniaries while he was in prison, averaging about one a year.

    The two other men convicted in the murders will never leave prison. Joey Wilson and Nick Acklin are both on death row. Their attempts at appeals have not been granted, but execution dates have not been set.

    http://www.whnt.com/news/huntsvillea...0,448653.story

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    Nicholas Acklin, on death row for the 1996 Huntsville 'cell phone murders,' asks court for new trial

    HUNTSVILLE, Alabama -- Nicholas Acklin, on death row for his role in the Huntsville "cell phone murders" in 1996, was in court today with his attorneys arguing that his conviction was based on poor performance by his lawyer and he should get a new trial.

    Acklin, 41, was convicted of capital murder in 1998. He has seen his post-conviction appeal process wind through several courts, with long delays, but Madison County Circuit Judge Chris Comer said today during a 90-minute status conference that he hopes to hold an evidentiary hearing on Acklin's arguments in early December.

    Acklin was charged with Joey Wilson and another man in the fatal shootings of four people on Sept. 25, 1996 and the wounding of two others at a home on University Drive. The shootings followed a previous incident where someone in the home had reported to the Madison County Sheriff's Department that Wilson had stolen his cell phone.

    Acklin and Wilson were both convicted and received death sentences, the third man, Corey Johnson, who did not fire a shot, was released from prison in 2011 after serving a 15-year sentence on a felony murder charge.

    Wilson remains on death row.

    Acklin's lawyers William Montross Jr. and Patrick Mulvaney told the court that prior rulings in the case left open several claims over the performance of Acklin's trial attorney Behrouz K. Rahmati, the judge, jurors and prosecution and inadequate efforts by his appellate attorneys. The failures, the attorneys argue, meant that Acklin did not receive a fair trial and his constitutional rights have been violated.

    Alabama Assistant Attorney General Jon Hayden said some of the claims are barred by an Alabama court case that limits how much time a judge has to amend rulings in a case.

    Comer said he would review the claims, the state's objections and the long record of hearings in the case to decide what issues will be allowed to be addressed in December.

    Madison County District Attorney Rob Broussard, who prosecuted Acklin and Wilson, said the ongoing death penalty appeals process in Alabama should be reviewed.

    "The average person would be stunned to know that we're in a courtroom today litigating issues about a trial that took place 15 years ago," Broussard said. "And I'm not blaming the judge, I'm talking about the capital appeal system that's in place in Alabama and something needs to be changed.

    "I look in into the faces of the victims' families that I had not seen in 15 years and I can only imagine the pain and frustration that this system gives to them."

    http://blog.al.com/breaking/2013/06/...row_for_t.html

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    Nicholas Acklin, on death row for Huntsville 'cell phone murders,' will get December hearing on new trial bid

    HUNTSVILLE, Alabama -- A Madison County court will hold a four-day hearing in December on the efforts by death row inmate Nicholas Acklin to get a new trial in the infamous 1996 Huntsville "cell phone murders" case.

    Acklin, 41, attended a hearing this afternoon before Madison County Circuit Judge Chris Comer in which the judge and attorneys for Acklin and the Alabama Attorney General's Office narrowed down the issues to be addressed in the December hearing. The filing is covered under Rule 32 of Alabama's Rules of Criminal Procedure, which addresses post-conviction issues, including ineffective assistance of counsel.

    Acklin was charged with Joey Wilson and another man in the fatal shootings of four people on Sept. 25, 1996 and the wounding of two others at a home on University Drive. The shootings followed a previous incident where someone in the home had reported to the Madison County Sheriff's Department that Wilson had stolen his cell phone.

    Acklin and Wilson were both convicted and received death sentences, the third man, Corey Johnson, who did not fire a shot, was released from prison in 2011 after serving a 15-year sentence on a felony murder charge.

    Wilson remains on death row.

    Acklin was convicted and sentenced in 1998. His post-conviction appeal has seen years-long delays and it has been before several judges. Comer is moving forward to address the remaining claims in the case.

    Acklin is arguing that he was denied a fair trial and received the death sentence because his attorneys failed to provide an adequate defense. His post-conviction appeal alleges a number of problems with how his case was handled from his trial counsel failing to inform the jurors that Acklin had been prescribed Xanax while in jail and it affected his demeanor before the jury during the trial.

    Other allegations include a possible conflict of interest by his trial counsel in presenting evidence about Acklin's troubled family life, since Acklin's father had made payments to the attorney. Acklin's attorneys also contend there was misconduct by prosecutors in the case, his attorney presented his home life as normal when it was troubled, failures to object to jury instructions and Acklin's indictment and it also complains about errors made by his appellate attorney.

    Acklin's attorney William Montross Jr. told Comer today that he expected his presentation in the December hearing would likely take three days. Alabama Assistant Attorney General Jon Hayden said most of his case would center on cross-examination of the witnesses called by Montross, who are expected to include family members, experts on the effects of medication and an expert on substance abuse.

    Comer denied a request by Acklin's attorneys to allow testimony from legal ethics expert, who they wanted to address third-party payments to an attorney and possible conflicts of interest.

    Comer said he would consider allowing testimony from a social work expert, which Hayden opposes.

    http://blog.al.com/breaking/2013/08/...ath_row_f.html
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    Man sentenced to death in 'cell phone murders' will be in court Monday seeking a new trial

    A Madison County court will review the conviction and death of Nick Acklin, charged in the infamous 1996 "cell phone murders" that left four people dead and others wounded.

    Attorneys for Acklin, 41, are seeking a new trial, arguing he did not receive a fair trial in 1998.

    The hearing before Judge Chris Comer is known as a "Rule 32" proceeding, in reference to Rule 32 of Alabama's Rules of Criminal Procedure, which addresses post-conviction issues, including ineffective assistance of counsel.

    Acklin's direct appeals in the case have been denied by the courts. A Rule 32 proceeding considers things like attorney performance and the behavior of the prosecution, jurors and the judge in the case.

    Acklin's petition has been in the court system since 2002 and it's been on the desk of several judges, but never resolved.

    Acklin's lawyer William Montross Jr. has told the court that prior rulings in the case left open several claims over the performance of Acklin's trial attorney Behrouz K. Rahmati, the judge, jurors and prosecution and inadequate efforts by his appellate attorneys. The failures, the attorneys argue, meant that Acklin did not receive a fair trial and his constitutional rights have been violated.

    Acklin is arguing that he was denied a fair trial and received the death sentence because his attorneys failed to provide an adequate defense. His post-conviction appeal alleges a number of problems with how his case was handled including his trial counsel failing to inform the jurors that Acklin had been prescribed Xanax while in jail and it affected his demeanor before the jury during the trial.

    Acklin was charged with Joey Wilson and another man in the fatal shooting of four people on Sept. 25, 1996 and the wounding of two others at a home on University Drive. The shootings followed a previous incident where someone in the home had reported to the Madison County Sheriff's Department that Wilson had stolen his cell phone.

    Acklin and Wilson were both convicted and received death sentences, the third man, Corey Johnson, who did not fire a shot, was released from prison in 2011 after serving a 15-year sentence on a felony murder charge.

    Wilson remains on death row and also has a Rule 32 petition pending in Madison County.

    Alabama Assistant Attorney General Jon Hayden is representing the state in arguing Acklin received a fair trial.

    http://blog.al.com/breaking/2013/12/...h_in_cell.html
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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    Huntsville 'cell phone murders' defendants still seeking new trials, related death penalty bill stalls

    A Madison County judge has set an early May deadline for final arguments in "cell phone murders" defendant Nick Acklin's bid for a new trial.

    Acklin, 42, is on death row after being convicted of capital murder in October 1998l.

    Joey Wilson, who was also convicted in 1998 in the September 1996 "cell phone murders," which left four people dead. Like Acklin, he faces the death penalty and is awaiting word on the status of his petition for a new trial.

    The post-conviction filings by both men have been before the local courts for more than a decade. Acklin filed his so-called Rule 32 petition - which looks at issues like ineffective assistance of counsel, judicial error and juror misconduct - in June 2002.

    Wilson, 36, filed his Rule 32 petition in December 2001.

    Madison County Circuit Judge Chris Comer, who recently inherited the Acklin case, held a four-day hearing in December on the issues raised by Acklin's attorneys.

    Comer told both sides that once a hearing transcript was ready he'd set a date for any post-hearing petitions. He notified both sides Friday that the transcript was ready and set a May 9 hearing date for any post-hearing briefs.

    Attorneys for Acklin, 41, are arguing he deserves a new trial because his attorneys did an inadequate job defending him. A key argument they're making is that details about Acklin's troubled and abusive home life were not presented to the jury that convicted him and later recommended a death sentence.

    Wilson's petitions are now before Circuit Judge Donna Pate. Over the years Wilson's attorneys have filed a total of four lengthy petitions, each with amendments related to previous filings.

    The court has to determine if the most recent petition filed is valid, given prior dates and rulings, before taking up the three earlier petitions.

    Madison County District Attorney Rob Broussard, who prosecuted the men, said the sight of victims family members having to go to court 15 years after Acklin's conviction to witness his hearing led him to seriously question the existing system for post-conviction appeals.

    Broussard asked Madison County Assistant District Attorney Jay Town to examine how Texas handles its post-conviction appeals and to see if there wasn't a way to speed up the process from conviction to execution.

    Town found the Rule 32 process was where cases tended to languish.

    Rule 32 appeals typically begin moving forward when the direct appeal has been rejected by the Alabama Supreme Court and the court issues a certificate of judgment affirming the lawfulness of the verdict and sentence. The direct appeal process takes about nine years, including review by the U.S. Supreme Court.

    The new proposal would require the Rule 32 to be filed within 180 days of the death sentence and run parallel to the direct appeal.

    Newly discovered evidence can also be cited in a Rule 32 and Town said the new proposal would not bar filings based on new evidence.

    The bill was drafted, endorsed by Alabama Attorney General Luther Strange and submitted to the Alabama Legislature this year.

    Alabama death row cases last an average of 16 years -- while Texas takes about seven years from sentence to execution.

    But defense attorneys contend the sped-up appeals process would take Alabama's already-flawed capital punishment system and make it worse.

    The measure was approved by the judiciary committee of the Alabama House and Senate in January, but is still waiting a vote by the full House and Senate.

    http://blog.al.com/breaking/2014/03/post_1302.html

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    Post-conviction appeal denied by the Alabama Court of Criminal Appeals on the 15th of December 2017.

    https://cases.justia.com/alabama/cou...?ts=1513369813

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    On June 8, 2018, Acklin filed a habeas petition in Federal District Court.

    https://dockets.justia.com/docket/al...cv00885/166567

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    Senior Member CnCP Legend Mike's Avatar
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    Alabama Supreme Court won't look at cases of three men on death row

    By Ivana Hrynkiw
    al.com

    The Alabama Supreme Court won't review the cases of several men on the state's death row.

    According to its weekly order list issued Friday, the state's highest court has denied writs of certiorari--or requests to review the cases-- to Oscar Doster, James Ben Brownfield, and Nicholas Bernard Acklin.

    Doster was convicted of the 2002 murder of Paul LeMaster in Covington County, which happened while he and three other men were on the run after escaping the county jail. He was arrested, but broke out again and killed a man in Texas in 2005, court records show. He pleaded guilty in the Texas case, and was sentenced to life in prison.

    Brownfield was convicted of killing his sister, brother-in-law and 3-year-old great-nephew on Christmas Eve 2001. His sister, Brenda McCutchin, and her grandson, Joshua Hodges, were beat with a claw hammer in their sleep, and Brownfield's brother-in-law Latham McCutchin was stabbed to death. Police found scrawled messages on the walls of the home, including "Killing is my business" and "It's about to pick up."

    Acklin is on death row for his role in the 1996 Huntsville "cell phone murders." He and two other men, Joey Wilson and Corey Johnson, were convicted in the fatal shootings of four people on Sept. 25, 1996 and the wounding of two others at a home on University Drive. The shootings followed a previous incident where someone in the home had reported to the Madison County Sheriff's Department that Wilson had stolen his cell phone.

    Acklin and Wilson were both convicted and received death sentences while Johnson, who police say did not fire a shot, was released from prison in 2011.

    The state supreme court didn't write opinions on any of the three cases.

    https://www.al.com/news/birmingham/i..._wont_loo.html

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

    Lower Ct: Court of Criminal Appeals of Alabama
    Case Numbers: (CR-14-1011)
    Decision Date: December 15, 2017
    Discretionary Court Decision Date: June 15, 2018

    https://www.supremecourt.gov/search....ic/18-640.html

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