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Thread: Keith Edmund Gavin - Alabama Death Row

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    Administrator Michael's Avatar
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    Keith Edmund Gavin - Alabama Death Row


    Keith Edmund Gavin


    Summary of Offense:

    Was convicted in 2000 of the capital murder of Clinton Clayton, Jr., 68, a bank courier from Birmingham.

    The evidence adduced at trial indicated the following. A little after 6:30 p.m. on March 6, 1998, Clayton, a contract courier for Corporate Express Delivery Systems, Inc., was shot and killed while sitting in a Corporate Express van outside the Regions Bank in downtown Centre. Clayton had finished his deliveries for the day and had stopped at Regions Bank to obtain money from the ATM in order to take his wife to dinner.

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    Administrator Moh's Avatar
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    No. 04-6734 *** CAPITAL CASE ***
    Title:
    Keith Edmund Gavin, Petitioner
    v.
    Alabama
    Docketed: October 12, 2004
    Linked with 04A136
    Lower Ct: Court of Criminal Appeals of Alabama
    Case Nos.: (CR-99-1127)
    Decision Date: September 26, 2003
    Discretionary Court
    Decision Date: May 28, 2004

    ~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
    Aug 9 2004 Application (04A136) to extend the time to file a petition for a writ of certiorari from August 26, 2004 to September 27, 2004, submitted to Justice Kennedy.
    Aug 18 2004 Application (04A136) granted by Justice Kennedy extending the time to file until September 27, 2004.
    Sep 27 2004 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 12, 2004)
    Nov 18 2004 Order extending time to file response to petition to and including December 13, 2004.
    Dec 22 2004 Order further extending time to file response to petition to and including December 23, 2004.
    Dec 23 2004 Brief of respondent Alabama in opposition filed.
    Jan 6 2005 DISTRIBUTED for Conference of January 21, 2005.
    Jan 24 2005 Petition DENIED.

    http://www.supremecourt.gov/Search.a...es/04-6734.htm

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    Senior Member CnCP Legend Mike's Avatar
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    On February 16, 2016, Gavin filed a habeas petition in Federal District Court.

    https://dockets.justia.com/docket/al...cv00273/158019
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

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    Administrator Moh's Avatar
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    In today's orders, the United States Supreme Court DENIED Gavin's petition for certiorari.

    Lower Ct: Court of Criminal Appeals of Alabama
    Case Nos.: (CR-10-1313)
    Decision Date: August 22, 2014
    Rehearing Denied: March 20, 2015
    Discretionary Court
    Decision Date: October 23, 2015

    https://www.supremecourt.gov/search....es/15-8605.htm

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    Administrator Aaron's Avatar
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    Article

    U.S. Supreme Court denies appeal of Alabama Death Row inmate, convicted in 1998 slaying in Centre

    The U.S. Supreme Court on Monday rejected an appeal by an Alabama Death Row inmate who was convicted in the 1998 murder and robbery of a man outside a bank in Centre.

    The U.S. Supreme Court, without comment, declined to review the case of Keith Gavin.

    Gavin had filed a request for certiorari - or review - to the U.S. Supreme Court on Feb. 22, 2016 after losing an appeal before the Alabama Court of Criminal Appeals. The Alabama Supreme Court also had refused to review the case.

    Gavin was convicted of two counts of capital murder in connection with the March 6, 1998 murder of William Clinton Clayton, Jr., court records show. The murder charge was capital because the crime was committed during the course of a robbery in the first degree and because he had been convicted of another murder within 20 years.

    The slaying happened less than three months after Gavin had been released from an Illinois prison after serving 16 years for the shooting death of an unarmed man in Chicago.

    Gavin was also convicted of one count of attempted murder for shooting at a law-enforcement officer as he fled from the scene.

    A Cherokee County jury recommended, by a vote of 10-2, that Gavin be sentenced to death for his capital-murder convictions. The judge accepted the jury's recommendation and sentenced Gavin to death, according to the court records. The judge also sentenced Gavin, as a habitual felony offender, to life imprisonment for the attempted-murder conviction.

    Clayton, a contract courier for Corporate Express Delivery Systems, Inc., was shot and killed while sitting in a Corporate Express van outside the Regions Bank in downtown Centre, according to court records. Clayton had finished his deliveries for the day and had stopped at Regions Bank to obtain money from the ATM in order to take his wife to dinner.

    Two eyewitnesses positively identified Gavin as the shooter including his cousin, Dewayne Meeks, an employee of the Illinois Department of Corrections.

    Meeks testified about trips he and Gavin had made to Centre and on that day saw Gavin fire shots at the driver of the van. Gavin also fired shots at an investigator as he fled, according to testimony.

    http://www.al.com/news/birmingham/in..._appeal_1.html
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    Administrator Moh's Avatar
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    On February 24, 2022, oral argument will be heard in Gavin's appeal before the United States Court of Appeals for the Eleventh Circuit.

    https://www.ca11.uscourts.gov/sites/...P%29_Gavin.pdf

  7. #7
    Moderator Bobsicles's Avatar
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    The Eleventh Circuit has denied Gavin’s appeal and affirmed the district court’s denial of his habeas petition.

    https://law.justia.com/cases/federal...022-07-14.html
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    The panel was made up of Judges Jordan (Obama), Branch (Trump) and Luck (Trump).

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    En banc rehearing denied September 26, 2022.

    https://www.supremecourt.gov/DocketP...ri%20final.pdf
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

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    Moderator Bobsicles's Avatar
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    Final petition for writ of certiorari filed January 24, 2023.

    https://www.supremecourt.gov/search....c/22-6629.html
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

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