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Thread: Brandyn Josephe Benjamin - Alabama Death Row

  1. #1
    Administrator Michael's Avatar
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    Brandyn Josephe Benjamin - Alabama Death Row




    Summary of Offense:

    Benjamin pistol-whipped and robbed Jimmie Floyd Lewis in a rainy mall parking lot, and then shot Lewis in the heart and leg, killing him on November 18, 2000. Benjamin bragged of the murder (although he would later claim the gun accidentally discharged). In mitigation the defense argued that Benjamin had an absent father and had endured years of physical and emotional abuse; further, he had experienced the deaths of four primary caregivers.

    Benjamin was sentenced to death in 2004 in Houston County by a judge after a ten-to-two jury recommendation of death.

  2. #2
    Administrator Moh's Avatar
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    No. 06-5457 *** CAPITAL CASE ***
    Title:
    Brandyn Joseph Benjamin, Petitioner
    v.
    Alabama
    Docketed: July 25, 2006
    Lower Ct: Court of Criminal Appeals of Alabama
    Case Nos.: (CR-03-2040)
    Decision Date: September 30, 2005
    Discretionary Court
    Decision Date: April 21, 2006

    ~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
    Jul 19 2006 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 24, 2006)
    Aug 15 2006 Order extending time to file response to petition to and including September 25, 2006.
    Sep 25 2006 Brief of respondent Alabama in opposition filed.
    Oct 5 2006 DISTRIBUTED for Conference of October 27, 2006.
    Oct 30 2006 Petition DENIED.

    http://www.supremecourt.gov/Search.a...es/06-5457.htm

  3. #3
    Administrator Heidi's Avatar
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    Death row inmate loses appeal over Dothan mall killing

    A death row inmate from Houston County has lost another appeal in his case.

    The Alabama Court of Criminal Appeals issued a 5-0 decision Friday rejecting claims from Brandyn Josephe Benjamin that he had ineffective attorneys at his trial in 2004. The appeals court also rejected his challenge of the way Alabama carries out lethal injections. This was Benjamin's second round of appeals turned down by the Montgomery court.

    Benjamin was convicted of capital murder and sentenced to die for killing and robbing Jimmie Lewis in the parking lot of a Dothan mall on Nov. 18, 2000. The victim was killed while waiting to pick up his wife, who operated a shop in the mall.

    http://www.therepublic.com/view/stor...Dothan-Killing
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  4. #4
    Administrator Moh's Avatar
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    Quote Originally Posted by Heidi View Post
    The appeals court also rejected his challenge of the way Alabama carries out lethal injections.
    Could this decision mean that Alabama wlll soon resume setting execution dates?

  5. #5
    Moderator Dave from Florida's Avatar
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    Unfortunately not. The 11th Circuit in Atlanta is considering Arthur vs Thomas, which will determine if Alabama can start lethal injections again.

    Then of course there is the problem of obtaining the drugs assuming that they have expired. Alabama did have one execution last year but it was voluntary.

  6. #6
    Administrator Moh's Avatar
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    On December 16, 2014, Benjamin filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/ala...4cv01224/56083

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